In 2005, the legislature upgraded the offenses relating to prescription legend drugs in an effort to curb heavy prescription drug use amongst the communities. Due to prescription drugs’ highly addictive qualities, law enforcement officials often initiate undercover “sting” operations to disrupt and prevent any illegal drug trafficking and distribution in Morris County. These operations are either run by local law enforcement or in conjunction with state or federal officials, depending on the size and scale of the operation. If you or someone you love are busted as a participant in a prescription drug distribution scheme, the charges are severe. Depending on the amount of drugs involved, the court may impose a ten year prison sentence as well as a $300,000.00 penalty.
For more information on drug charges in New Jersey, including charges related to marijuana possession, cocaine possession, heroin possession, possession of marijuana with the intent to distribute and possession of prescription drugs, please contact our Morris County office and speak with an experienced criminal trial attorney. Our attorneys have been representing Defendant’s charged with drug offenses in towns like Montville, East Hanover, Rockaway, Madison, Dover, Denville, Roxbury and Parsippany Troy Hills for over fifteen years. Now here is some information on N.J.S.A. 2C:35-10.5(4).
Second Degree Prescription Drug Distribution Lawyers in Dover, NJ
Under N.J.S.A. 2C:35-10.5(4), it is a second degree crime for a person to distribute or possess or have under her control with intent to distribute a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units. Key to any prosecution for distribution is proof that the defendant had the drugs under his or her possession. For this, the State may rely on inferences and presumptions based on the circumstances of the offense. For instance, while you may not physically possess the drugs, having them in your basement under lock and key could be sufficient evidence of possession through control. These presumptions have been developed through statutory and case law over the years. Attorneys specializing in criminal defense for drug-related offenses would be able to explain and determine whether such a presumption will apply to your case.
Third Degree Prescription Drug Distribution Attorneys in Roxbury, NJ
Where the amount of prescription drug dosages in your possession are between five (5) and 100, the New Jersey Criminal Code provides that you may be charged with a third degree felony. It is a third degree crime for a person to distribute or possess or have under her control with intent to distribute a prescription legend drug or stramonium preparation in an amount of at least five but fewer than 100 or more dosage units. This means that possessing 6 valium pills with an intent to distribute each separately could result in a third degree indictable offense (in New Jersey felonies are referred to as indictable offenses).
Fourth Degree Prescription Drug Possession with Intent to Distribute in Hanover Township, NJ
It is a fourth degree crime for a person to distribute for pecuniary gain or possess or have under her control with intent to distribute for pecuniary gain a prescription legend drug or stramonium preparation in an amount of four (4) or fewer dosage units. Unlike the second and third degree crimes the state must prove that the defendant had a purpose to obtain a pecuniary gain. Pecuniary gain does not necessarily require that the intended sale of drugs involve money. If the exchange was one drug for another, this would suffice as a pecuniary gain.
Where there is no purpose for a pecuniary gain, distribution of drugs in the amount of four (4) or fewer dosage units will be a disorderly persons offense. Unlike the other crimes, the disorderly persons offense will be heard at the municipal court in the town where the incident in question occurred.
Morris County NJ Oxycontin Distribution Defense Lawyers
For more information on the penalties or how we can assist you with your charges, contact the Law Offices of Jonathan F. Marshall today. Our Morris County office can be reach 24/7 at 973-309-7050 and our attorneys will be happy to provide you with a free initial consultation at your request.