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Middlesex County Criminal Defense Lawyer

  • Over 200 Years of Combined Experience
  • Former Director in Middlesex County Prosecutor's Office
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Failure to Keep Prescription Drugs in Their Container

Piscataway Prescription Drug Offense Defense Attorneys

It is unlawful under New Jersey law to possess pills and other legally prescribed drugs outside of their original container. There is little doubt that prescription drugs have become more and more prevalent in New Jersey as advances in pharmaceutical science have been made. This fact has resulted in a commensurate rise in the number of N.J.S.A. 2C:35-24 charges for possession of prescription medication outside of its original container in towns like Edison, Sayreville, Old Bridge, Woodbridge, Piscataway and other municipalities in Middlesex County NJ. If you had the unfortunate luck of being charged with this offense, an experienced criminal lawyer at our New Brunswick firm is just a telephone call away. We can be reached 24/7 for assistance and initial consultations are without charge. We hope you find the information on this page of assistance and please do not hesitate to give our New Brunswick Office a telephone call at 732-246-7126 for further assistance.

New Jersey Law Failure to Store Prescriptions In Their Original Container

The law governing this offense is N.J.S.A. 2C:35-24 and it provides that:

Possession of certain prescription drugs. A person who possesses a controlled dangerous substance that was prescribed or dispensed lawfully may possess it only in the container in which it was dispensed; except that the person may possess no more than a 10-day supply in other than the original container if the person produces, upon the request of a law enforcement officer, the name and address of the practitioner who prescribed the substance or the pharmacist who dispensed it. A person who violates this section is a disorderly person.

Possession Under 2C:35-24. There are two forms of prescription drug possession that apply under this law – actual possession and constructive possession. Actual possession occurs when the person physically controls, holds, or houses the prescription drugs. Constructive possession exists where the accused is aware of the presence of the drug and has an intention, at some point, to exercise control over it.

Exception Where This Law Does Not Apply. An individual may store up to a ten (10) day supply of prescription drugs outside of its container. However, upon request from law enforcement, the accused must provide the name and address of the physician and/or pharmacist who dispensed the drug otherwise the exception does not apply.

Penalties for Failure to Have Prescriptions In Their Container

Possession of prescription drugs outside of their original container is a disorderly persons offense. While this is a misdemeanor offense it, nevertheless, results in a 2C criminal record that employers and other third parties can see. In addition to this record, an individual is subject to a jail term of up to six (6) months, a period of probation and a fine that can reach $1,000.

Sayreville NJ Prescription Drug Lawyer

A lawyer at The Law Offices of Jonathan F. Marshall can assist you in defending any prescription drug offense you may be facing in New Brunswick, East BrunswickPerth Amboy, Monroe or Metuchen NJ.  It is important to remember that depending on the underlying circumstances and your prior record, you may be eligible for a diversionary program like Pre-Trial Intervention or Conditional Discharge. We can help you successfully apply to such a program if all efforts to defeat the charges fail. Give our East Brunswick Office a call at 732-246-7126 for immediate assistance.


Additional Prescription Drug Resources On This Site

New Brunswick Xanax Distribution LawyerPossession of a Prescription Legend Drug Offense
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Percocet Possession Offense Edison Prescription Drug Distribution Lawyers