Hamilton NJ Prescription Drug Possession Attorneys

With Offices in Pennington and Trenton

One of the most common drug crimes in New Jersey is prescription drug possession. The powerful and addictive nature of painkillers and other prescription medications poses a real problem for individuals who are recovering from surgery. Moreover, it is not easy to fight an addiction to painkiller or other prescription medication because the withdrawal symptoms are often worse than the addiction itself. Unfortunately, NJ law enforcement won’t care about the reasons because they have a directive to crack down on prescription drug abuse.

Kamensky Cohen & Riechelson is a well-respected law firm with a track record of success in New Jersey and Pennsylvania. Our attorneys defend clients against prescription drug charges in Mercer County, NJ, including Hopewell Borough, Ewing, and Princeton. We are dedicated to fighting tirelessly for our clients and doing whatever it takes to secure a win in the courtroom. Call KCR today to discuss your prescription drug possession case and begin your defense.

NJ Prescription Drug Possession Law

Illegal possession of prescription drugs is governed by N.J.S.A. 2C:35-10.5. The law is interpreted broadly by NJ prosecutors and judges to include restrictions on just about any prescription drug, including painkillers, sleeping pills, and antidepressants. Even cough syrups or allergy medication can result in very serious criminal charges. The law prohibits anyone in New Jersey from carrying any of these prescription drugs without a valid prescription.

There are exceptions to the prescription requirement. For example, licensed physicians, dentists, pharmacists, and veterinarians may be allowed to carry prescription drugs without a prescription.

Penalties for Prescription Drug Possession in Mercer County

Prescription drug possession is typically classified as a disorderly persons offense. If you are convicted, you can be sentenced to up to 6 months in county jail.

If you are caught with 5 or more dosage units of a prescription drug, you may be charged with a fourth degree felony. This means that you can be sentenced to up to 18 months in NJ State Prison if you are convicted.

Additionally, if you possess prescription drugs with the intent to distribute them at a later time, you can actually be charged with prescription drug distribution. This can result in enhanced penalties and significantly more prison time.

Related Charge: Use of Prescription Drugs in Mercer County

It is also against the law to use prescription drugs without a valid prescription. If you are stopped by police and exhibit symptoms of being under the influence of prescription drugs, you can be arrested and charged with illegal use of prescription drugs. This is classified as a disorderly persons offense, which means that you can be sentenced to up to 6 months in county jail.

Related Charges: Prescription Fraud and Prescription Forgery in Trenton

N.J.S.A. 2C:35-13 governs prescription fraud in New Jersey. The law prohibits any person from using misrepresentation, fraud, forgery, deception, or subterfuge to obtain pharmaceuticals. Moreover, the law is interpreted broadly so that “pharmaceuticals” include not just prescription drugs but also prescription drug pads. Prescription fraud is classified as a third degree felony. If you are convicted of third degree prescription fraud, you may be sentenced to 3–5 years in NJ State Prison.

N.J.S.A. 2C:21-1 governs prescription forgery in New Jersey. It is against the law to obtain prescription drugs by using writing purporting to be the writing of another person. This most commonly occurs when an offender forges a doctor’s signature on a prescription pad or slip. Prescription forgery is classified as a third degree felony. If you are convicted of third degree prescription forgery, you may be sentenced to 3–5 years in NJ State Prison.

Prescription forgery and prescription fraud are usually merged into a single count, which means that the penalties run concurrently.

Free Consultation with a Trenton Prescription Drug Lawyer

The lawyers at Kamensky Cohen & Riechelson are prepared to fight your prescription drug charges and keep you out of prison. Call us now to speak with a member of our litigation team, or email us to schedule a meeting at our Trenton or Pennington offices.