Hackensack NJ Possession of Prescription Drugs with Intent to Distribute Lawyers
Prescription drug abuse has become a major epidermic in Bergen County, especially in towns like, Bergenfield, Paramus, Ridgefield Park, Englewood, Elmwood Park, Fort Lee, Lodi and Garfield. The consequences for possessing prescription drugs with intent to distribute and/or distributing prescription drugs can have lifelong effects, including high fines, incarceration, community service, license loss and court ordered inpatient rehabilitation. The governing statute in New Jersey for a Prescription Drug Distribution charge is N.J.S.A. 2C:35-10.5. If you or someone you know has been charged with either distribution of prescription drugs, distributing heroin, possession of cocaine or possession of prescription drugs The Law Offices of Jonathan F. Marshall can help. We have eight criminal defense trial attorneys waiting by to assist you in any questions or concerns that you may have. Now here is some pertinent information with regards to the offense of distributing prescription drugs, including the elements of the offense and applicable penalties/fines if convicted.
Fort Lee NJ Distribution of Prescription Drugs: N.J.S.A. 2C:35-10.5
It is first important to discuss what exactly a “Prescription Legend Drug” is. The statute considers a “prescription drug” to be any drug which either under “Federal or State law requires dispensing by prescription or order of a licensed physician, veterinarian or dentist and is required to bear the statement “Rx only” or a similar warning that such drug may be sold or dispensed only upon the prescription of a licensed medical practitioner and is not a controlled dangerous substance or stramonium preparation”. In plain english, the courts will conclude that any drug which requires a valid prescription prior to obtaining it will qualify as a prescription drug under the statute.
Second Degree Offense: A defendant will be charged with distribution of a prescription drug in the second degree if there is enough probable cause to determine that the defendant “distributed or possessed or have under his/her control with intent to distribute a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units”.
Elements of the Offense: Before the state can convict an individual of distributing prescription drugs, they must prove three material elements beyond a reasonable doubt. Specifically, that the items in question were either a prescription legend drug or stramonium preparation, that they were in in an amount of 100 or more dosage units and lastly, that the defendant either distributed or possessed or had the units under her control with intent to distribute at the time of the said arrest. Conversely, the state will not have to prove that the defendant actually had a purpose to obtain a pecuniary gain from the alleged distribution.
Elements of the Offense: The prosecution must prove three material elements beyond a reasonable doubt before an individual can be convicted of distributing prescription drugs in the third degree. Specifically, the state must prove that the items possessed at the time of the arrest were either a prescription legend drug or stramonium preparation, that they were in in an amount of at least five but under 100 or more dosage units and lastly, that the defendant either distributed or possessed or had the units under their control with intent to distribute. Just as the case in the second degree offense, the state will not have to prove that the defendant actually had a purpose to obtain a pecuniary gain from the alleged distribution.
Fourth Degree Crime: A defendant will be charged with distribution of a prescription drug in the fourth degree if there is enough probable cause to determine that the individual either distributed for pecuniary gain or possess or have under their control with intent to distribute for pecuniary gain a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units.
Elements of the Offense: There are four material elements that the state must prove beyond a reasonable doubt before an individual can be convicted of distributing prescription drugs in the fourth degree. Specifically, that the items in question were either a prescription legend drug or stramonium preparation, that they were in in an amount of four or fewer dosage units, that the defendant either distributed or possessed or had the units under her control with intent to distribute and lastly, unlike the second and third degree crimes referenced above the state is required to prove that the defendant had a purpose to obtain a pecuniary gain from the alleged distribution.
Disorderly Persons Offenses: Similar to the fourth degree offense, a defendant will be charged with distribution of a prescription drug in the disorderly persons offense level if there is enough probable cause to determine that the individual either distributed for pecuniary gain or possess or have under their control with intent to distribute for pecuniary gain, a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units.
Elements of the Offense: There are three key elements that the state must prove beyond a reasonable doubt before a defendant can be convicted of distributing prescription drugs. First, the state will need to prove that the defendant distributed a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units. Unlike the fourth degree offense, the state will not have to prove that the defendant had a purpose to obtain a pecuniary gain from the distribution in question.
Degree of the Offense & Applicable Penalties if Convicted of Distributing Prescription Drugs
Second Degree Crime: A defendant convicted of a second degree offense in New Jersey will face a presumption of incarceration. The incarceration period can range from anywhere between five – ten years in a New Jersey State Prison. Further, the defendant will face up to a $300,000 fine which is greater than the maximum fine for most second degree crime.
Third Degree Crime: Conversely, a defendant convicted of a third degree offense in New Jersey will face a non-presumption of incarceration, however, that presumption may be overcome and if it is the defendant may face up to five years in a state prison. Further, the defendant will face up to a $200,000 fine which is greater than the maximum fine for most third degree crime.
Fourth Degree Crime: Just like a third degree crime, the defendant will face a non-presumption of incarceration, however, this presumption can be overcome as well. If the presumption is overcome, the defendant will face up to eighteen months in a New Jersey State Prison.
Disorderly Persons Offense: A defendant convicted of a disorderly persons offense level distributing prescription drugs may face up to six months in the Bergen County Jail and up to a $1000.00 fine.
Paramus NJ Prescription Drug Distribution Lawyers
As you can tell from above, the applicable penalties for anyone convicted of distributing prescription drugs can be severe. If you or a loved one has been charged with distributing prescription drugs it is imperative that you speak to an experienced criminal defense firm about your options immediately. If you have any further questions with regards to either possessing or distributing prescription drugs in New Jersey please contact any one of our Bergen County Offices for a free initial consultation with one of our experienced criminal defense attorneys. (for more information on drug offenses in NJ click here)