H. SCOTT AALSBERG, ESQ., P.C.
NJ Criminal and Drug Defense Lawyers
NJ Possession of Prescription Drug: The Law and Defenses
Possession of Prescription Drugs Not Prescribed to You NJSA 2C:35-10.5
You Deserve the Best Drug Defense Call Now for a Free In Office Consultation
2C:35-10.5  Prescription legend drugs:  Improper Possession of a Prescription Drug
Prescription legend drugs a person who knowingly:

(1)distributes a prescription legend drug or stramonium preparation in an amount of  four or fewer dosage units unless lawfully prescribed or administered by a licensed physician,
veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person;

(2)distributes for pecuniary gain or possesses or has under his control with intent to distribute for pecuniary gain  a prescription legend drug or stramonium preparation in an
amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe
medication is guilty of a crime of the fourth degree;

(3)distributes or  possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of at least five but fewer than 100
dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a
crime of the third degree.  Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $200,000 may be imposed; or

(4)distributes  or  possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units
unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the
second degree.  Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $300,000 may be imposed.

Notwithstanding the above, a violation of paragraph (1) or (3) of this subsection shall be deemed a de minimis infraction subject to dismissal pursuant to N.J.S. 2C:2-11 if the
person demonstrates that the conduct involved no more than six dosage units distributed within a 24-hour period, that the prescription legend drug or stramonium preparation was
lawfully prescribed for or administered to that person by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, and that the
person intended for the amount he distributed to be solely for the recipient's personal use.

b.A person who uses any prescription legend drug or stramonium preparation for a purpose other than treatment of sickness or injury as lawfully prescribed or administered by a
licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person.

c.A defendant may be convicted for a violation of subsection b.  if the State proves that the defendant manifested symptoms or reactions caused by the use of prescription legend
drugs or stramonium preparation.  The State need not prove which specific prescription legend drug or stramonium preparation the defendant used.

d.A person who obtains or attempts to obtain possession of a prescription legend drug or stramonium preparation by forgery or deception is guilty of a crime of the fourth degree.  
Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of Title C of the New Jersey Statutes.

e.A person who knowingly possesses, actually or constructively:

(1)a prescription legend drug or stramonium preparation in an amount of  four or fewer dosage units unless lawfully prescribed or administered by a licensed physician,
veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person; or

(2)a prescription legend drug or stramonium preparation in an amount of  five or more dosage units unless lawfully prescribed or administered by a licensed physician,
veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the fourth degree.

Notwithstanding the above, a violation of this subsection shall be deemed a de minimis infraction subject to dismissal pursuant to N.J.S. 2C:2-11 if the person demonstrates that he
unlawfully received no more than six dosage units within a 24-hour period, that the prescription legend drug or stramonium preparation was lawfully prescribed for or administered
to the person from whom he had received it, and that the person possessed the prescription legend drug or stramonium preparation for solely for his personal use.

f.Where the degree of the offense for violation of this section depends on the number of dosage units of the prescription legend drug or stramonium preparation, the number of
dosage units involved shall be determined by the trier of fact.  Where the indictment or accusation so provides, the number of dosage units involved in individual acts of
distribution or possession with intent to distribute may be aggregated in determining the grade of the offense, whether distribution is to the same person or several persons,
provided that each individual act of distribution or possession with intent to distribute was committed within the applicable statute of limitations.

g.Subsections a. and e. of this section shall not apply to: a licensed pharmacy, licensed pharmacist, researcher, wholesaler, distributor, manufacturer, warehouseman or his
representative acting within the line and scope of his employment; a physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication; a nurse acting
under the direction of a physician; or a common carrier or messenger when transporting such prescription legend drug or stramonium preparation in the same unbroken package
in which the prescription legend drug or stramonium preparation was delivered to him for transportation.

2C:35-11.  Imitation controlled dangerous substances; distribution, possession, manufacture, etc.; penalties.

a.  It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any substance which is not a controlled dangerous substance or
controlled substance analog:

(1)  Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance or controlled substance analog; or

(2)  Upon the express or implied representation to the recipient that the substance is of such nature, appearance or effect that the recipient will be able to distribute or use the
substance as a controlled dangerous substance or controlled substance analog; or

(3)  Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance  or controlled substance analog.

Any of the following shall constitute prima facie evidence of such circumstances:

(a)  The substance was packaged in a manner normally used for the unlawful distribution of controlled dangerous substances or controlled substance analogs.

(b)  The distribution or attempted distribution of the substance was accompanied by an exchange of or demand for money or other thing as consideration for the substance, and
the value of the consideration exceeded the reasonable value of the substance.

(c)  The physical appearance of the substance is substantially the same as that of a specific controlled dangerous substance or controlled substance analog.

b.  It is unlawful for any person to manufacture, compound, encapsulate, package or imprint any substance which is not a controlled dangerous substance, controlled substance
analog or any combination of such substances, other than a prescription drug, with the purpose that it resemble or duplicate the physical appearance of the finished form,
package, label or imprint of a controlled dangerous substance or controlled substance analog.

c.  In any prosecution under this section, it shall not be a defense that the defendant mistakenly believed a substance to be a controlled dangerous substance or controlled
substance analog.

d.  A violation of this section is a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $200,000.00 may be
imposed.

e.  The provisions of this section shall not be applicable to (1) practitioners or agents, servants and employees of practitioners dispensing or administering noncontrolled
substances to patients on behalf of practitioners in the normal course of their business or professional practice; and (2) persons who manufacture, process, package, distribute or
sell noncontrolled substances to practitioners for use as placebos in the normal course of their business, professional practice or research or for use in Federal Food and Drug
Administration investigational new drug trials.

2C:35-12.  Waiver of Mandatory Minimum and Extended Terms for Improper Possession of Prescription Drugs.

Whenever an offense defined in this chapter specifies a mandatory sentence of imprisonment which includes a minimum term during which the defendant shall be ineligible for
parole, a mandatory extended term which includes a period of parole ineligibility, or an anti-drug profiteering penalty pursuant to section 2 of P.L.1997, c.187 (N.J.S.2C:35A-1 et
seq.), the court upon conviction shall impose the mandatory sentence or anti-drug profiteering penalty unless the defendant has pleaded guilty pursuant to a negotiated
agreement or, in cases resulting in trial, the defendant and the prosecution have entered into a post-conviction agreement, which provides for a lesser sentence, period of parole
ineligibility or anti-drug profiteering penalty.  The negotiated plea or post-conviction agreement may provide for a specified term of imprisonment within the range of ordinary or
extended sentences authorized by law, a specified period of parole ineligibility, a specified fine, a specified anti-drug profiteering penalty, or other disposition.  In that event, the
court at sentencing shall not impose a lesser term of imprisonment, lesser period of parole ineligibility, lesser fine or lesser anti-drug profiteering penalty than that expressly
provided for under the terms of the plea or post-conviction agreement.

2C:35-13:  Forging a Prescription:  Fine of up to $50,000 and 3 to 5 years in jail.  State must prove that the defendant made, completed, authenticates, or executes a prescription
and that it purports to be made by another.
Penalties Range From
180 Days in Jail
up to 10 years in Jail
Depending on Quantity
Summary: It is a criminal offense in the State of New Jersey to Possess Prescription Drugs if you do
not have a valid prescription.  Furthermore it is an offense in NJ of the criminal law statutes if you
don't carry your prescription drugs in the container provided to you by the pharmacy or doctor who
gave you the drugs.  Failure to carry the drugs in the correct container or to have a valid prescription
for the drugs will result in criminal prosecution if caught and subject the offender to a minimum of up
to 180 days in Jail, a $1000.00 fine, Probation and other possible penalties.  
Don't Go To Jail Because
You Have A NJ Prescription
Drug Charge - We Can Help
Lawyers Commentary:
Why is the improper possession of a prescription drugs such a bad offense in the State of New Jersey?  The
answer to this question is due to the fact that many prescription drugs are just as unsafe as illegal drugs if used
in the improper manner.  To prevent this the "drug prescription was invented"  The object of a prescription is to
license the use of an otherwise illegal drug and make it legal if used properly.  Most medications are harmless
but unfortunately many are not and can lead to addiction (xanax, codeine, percoset, oxycontin, suboxone,
adderal etc.) or even death if not used properly (methadone, propranolol etc.)
*98% Success Rate to Win, Reduce or Eliminate the penalties of all drug offenses is based on past cases and is not indicative of future results or a guarantee of a future result as by law no attorney can
guarantee a result.  This website is not intended to give legal advise and is for education purposes only.  Do not rely on any information contained herein as errors may be contained in this website and it is
provided on as AS IS basis. Contact Illegal possession of a prescription drug lawyer H. Scott Aalsberg.  Copyright 201
7 H. Scott Aalsberg, Esq., P.C.
  H. Scott Aalsberg, Esq.  
98%  Success Rate of
Winning - Reducing or Eliminating the Penalties
(*Success Rate of Attorney H. Scott Aalsberg, Esq., Associate Attorney Rates are lower)
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H. Scott Aalsberg, Esq., P.C.
H. SCOTT AALSBERG, ESQ., P.C.
ATTORNEYS AT LAW
The Aalsberg Building
39 Milltown Road, East Brunswick, N.J. 08816
1-800-9-RIGHTS or (732) 257-5040
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Attorney H. Scott Aalsberg, Esq., is ranked one of
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Standard NJ Possession of Prescription Drug Penalties for 2017*:
Fine: up to $1000
Jail: up to 180 days.
Loss of License: up to 1 year
If found in car at time of stop
may be charged with 39:4-49.1
which will add an additional 2
years loss of drivers license.
Disorderly Persons Offense
4th Degree Offense
4 or Fewer Dossages
4 or Fewer Dossages Intent to Distribute
3rd Degree Offense
Five to 100 Dossages
Fine: up to $10,000.00
Jail: up to 18 months
Loss of License: Up to 1 year
If found in car at time of stop may
be charged with 39:4-49.1 which
will add an additional 2 years
loss of drivers license.
Fine: up to $200,000.00
Jail: 3 to 5 years in Jail
Loss of License: Up to 1 year
If found in car at time of stop may
be charged with 39:4-49.1 which
will add an additional 2 years
loss of drivers license.
2nd Degree Offense
100 + Dossages
Fine: up to $300,000.00
Jail: 7 to 10 years in Jail
Loss of License: Up to 1
year
If found in car at time of
stop may be charged with
39:4-49.1 which will add an
additional 2 years loss of
drivers license.
*Additional Penalties may apply for all drug charge violations if said violation ocurrs within 1000 feet of a school or school crossing zone, public park or public housing project.  
Please see Attorney for actual penalties for your charge as they can vary.  First time offenders may be eligible diversionary programs with permission of the court.  All charges can
subject the offender to additional criminal penalties including probation and community service as ordered by the court.
If you have been charged with Possession of Prescription Drugs in NJ this is a serious offense.  You will be charged the same as if you had an illegal
drug such as marijuana, cocaine, heroin etc.  You need to get the best defense possible to Win, Reduce or Eliminate the penalties you face.  Attorney
Aalsberg has a 98% success rate to Win and Reduce and Eliminate these penalties.  But you must take the first step and setup a free in office
consultation.  The consultation is free but the results will last a life time.  Call 1-800-9-RIGHTS now, the sooner you call the more we can do to help you
as a good defense takes time to prepare, and the more time we have the better the result you will get.  You can call 24/7 to setup your appointment.