New Jersey’s Laws on Prescription Legend Drugs

New Jersey has strict laws regarding the possession and distribution of prescription legend drugs. These laws aim to curb the misuse and abuse of medications like painkillers, sedatives, and stimulants. Understanding the specifics of these laws can help medical professionals, patients, and others avoid running afoul of the criminal justice system.

What Are Prescription Legend Drugs?

Prescription legend drugs refer to medications that federal and state law restrict to use only with a valid prescription. The term “legend” comes from the requirement that packaging for these drugs must bear the statement “Caution: Federal law prohibits dispensing without prescription.” Common examples of legend drugs include:

• Opioid pain relievers like OxyContin, Vicodin, codeine
• Sedatives and tranquilizers like Valium, Xanax, Ambien
• Stimulants like Adderall, Ritalin, Concerta
• Anabolic steroids like testosterone
• Certain cough medicines containing codeine or hydrocodone

New Jersey categorizes prescription legend drugs based on their potential for abuse and accepted medical use. Schedule I drugs have no accepted medical use and high abuse potential. Schedule II-V drugs have accepted medical uses but decreasing potential for abuse and addiction.

Possession of Prescription Legend Drugs

Under Section 2C:35-10.5 of New Jersey code, it is illegal to possess certain quantities of prescription legend drugs without a valid prescription. Possession without a prescription is a disorderly persons offense for 4 or fewer doses, a 4th degree crime for 5-100 doses, and a 3rd degree crime for over 100 doses.

Simply having medication prescribed to someone else on your person or premises qualifies as illegal possession. Common defenses argue the drugs were:

• Obtained with a valid prescription
• For an emergency medical purpose
• Possessed unknowingly

Penalties for illegal possession depend on the quantity possessed and criminal history. Jail time can range from probation up to 5+ years in prison. Fines up to $15,000 are possible. Driver’s license suspension is mandatory for convictions.

Distribution of Prescription Legend Drugs

Distributing or selling prescription legend drugs is illegal except by pharmacists dispensing to patients with valid prescriptions. Distribution crimes relate to providing drugs without a prescription. Charges depend on the quantity distributed:

• 4 or fewer doses for no remuneration – disorderly persons offense
• 4 or fewer doses for remuneration – 4th degree crime
• 5 to 100 doses – 3rd degree crime
• 100+ doses – 2nd degree crime

Penalties match those for possession. Distribution for profit and in larger quantities brings stiffer punishment. Defenses against distribution charges argue:

• The drugs were provided for a valid medical purpose
• The defendant was entrapped
• The drugs were not actually distributed

Doctor Shopping and Fraud

In addition to simple possession and distribution, New Jersey code prohibits obtaining prescription legend drugs through deception, fraud, misrepresentation, or subterfuge. These activities are considered 3rd degree crimes.

Common fraud methods include:

• Doctor shopping to obtain multiple prescriptions
• Altering legitimate prescriptions
• Using a fake prescription pad
• Falsely claiming a medical need for drugs

Defenses against prescription fraud charges question whether misrepresentation actually occurred. Honest mistakes and lack of criminal intent may defeat the charges.

Penalties for Prescription Legend Drug Crimes

As outlined above, penalties for violating New Jersey’s prescription drug laws range from probation and fines for minor offenses up to lengthy prison terms for major distribution and fraud. The main factors determining punishment include:

• Type and quantity of drug involved
• Nature of the criminal act
• Defendant’s criminal history

First-time offenders with small quantities often receive probation. Repeat offenders and those with large quantities of abused drugs like opioids face years in prison. Fines up to $250,000 are possible depending on the crime. Driver’s license suspension is mandatory.

Avoiding Charges Related to Prescription Drugs

To avoid running afoul of New Jersey’s laws on prescription legend drugs:

• Do not use or possess medications prescribed to others
• Never distribute or sell your own prescriptions
• Do not doctor shop to obtain multiple prescriptions
• Never alter or forge a prescription

If charged with any prescription drug offense, immediately consult with a criminal defense attorney. An experienced lawyer can often get charges reduced or dismissed. They will also guide you through the criminal justice process to minimize penalties. Handling these complex cases requires expert legal help.