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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
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Distribution of Prescription Legend Drugs

New Brunswick NJ Prescription Drug Distribution Attorney

Police and prosecutors in Middlesex County take distribution of prescription legend drugs extremely serious, particularly those involving opiate pain medication. If you have been charged with distributing, selling or possession with intent to distribute any form of hydrocodone (e.g. Vicodin), oxycodone (e.g. Oxycontin and Percocet) or another variety of prescription drug, it is crucial that you consult with an attorney skilled in the defense of charges at the Middlesex Superior Court in New Brunswick. The lawyers at The Law Offices of Jonathan F. Marshall are poised to skillfully defend you. Our team includes Jason Seidman, a former supervisor in the Middlesex County Prosecutor’s Office and several other attorneys who have the benefit of working from this perspective. To speak to a lawyer on our 100 plus year experienced staff, call our New Brunswick Office at 732-246-7126.

Possession With Intent to Distribute a Prescription Legend Drug

New Jersey has adopted a specific statute directed at possession with intent to distribute prescription legend drugs. This law is contained at N.J.S.A. 2C:35-10.5 and makes it a crime to distribute a “prescription legend drug” unless you are authorized by law to do so. The term prescription legend drug is defined under New Jersey Law as “any drug which 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”.  In order to convict someone of illegally selling or distributing this form of controlled dangerous substance (“CDS”) contrary to 2C:35-10.5, the state must establish that: (1) the item in question was a prescription legend drug; (2) you distributed, possessed or had the drugs under your control with intent to distribute them; and (3) that the quantity was consistent with the offense charged. The following is the grading and penalties in the event that these elements are established beyond reasonable doubt by the prosecutor.

  • Second Degree Distribution. It is a second degree crime if the quantity distributed, sold or possessed with intent to distribute is 100 or more dosage units. A defendant convicted of second degree distribution of a prescription legend drug faces 5-10 years in prison and a maximum fine of $300,000.
  • Third Degree Distribution. It is a third degree crime to distribute, possess or have under his/her control with intent to distribute at least five pills but less than 100 doses. An individual convicted of third degree distribution or intent to distribute is subject to a potential jail term of 5 years and a $200,000 fine.
  • Fourth Degree Distribution. Distributing prescription drugs is a fourth degree crime when it involves four or fewer dosage units for pecuniary gain.  The fine is up to $10,000 and the period of incarceration is up to 18 months for fourth degree distribution of prescription drugs.
  • Disorderly Persons Offense. It is a disorderly persons offense to distribute four or fewer dosage units without pecuniary gain. You face a fine of up to $1,000 and up to 6 months in the county jail for this violation.

Edison NJ Distribution of Prescription Drug Lawyers

Edison is a thriving Middlesex County community that has many of the same CDS issues that confront most communities. Abuse of opioid pain killers and other prescriptions drugs occurs there just like in Piscataway, Woodbridge, East Brunswick and other places in Middlesex County. If you were arrested for selling Adderall, Fentanyl or another prescription legend drug, the lawyers at The Law Offices of Jonathan F. Marshall are ready to assist you. An attorney on our staff is available 24/7 for free consultation by calling our Woodbridge Office at 732-634-0700.

The Law Offices of Jonathan F. Marshall defends individuals charged with distributing prescription legend drugs in New Brunswick, Woodbridge, Edison, Piscataway, East Brunswick, Old Bridge, Monroe, North Brunswick, South Brunswick, Perth Amboy and elsewhere in Middlesex County New Jersey.