Distribution of Prescription Drugs

Our defense lawyers are highly skilled in handling the most complex prescription drug cases involving distribution and possession with intent to distribute. We are former county and municipal prosecutors who are ready to fight your distribution offense at the Ocean County Superior Court in Toms River NJ. If you were arrested for manufacturing, distributing or dispensing oxycodone, hydrocodone, xanax, morphine or another prescription medication, our criminal attorneys can help you. We have handled hundreds of cases involving allegations of distributing pills and dosages of drugs without a prescription. Call us at (732) 286-6500 to reach our Toms River Office if you were charged with this offense in Toms River, Point Pleasant, Brick, Long Beach, Manchester or another municipality in the area. Attorneys are available immediately to assist you and initial consultations are free.

Under N.J.S.A. 2C:35-10.5, it is illegal for a person to knowingly distribute a prescription legend drug or stramonium preparation in any amount unless it has been lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication. The amount, however, that has been distributed by a person can be very important in determining the severity of the sentence that the state will impose for having distributed these prescription legend drugs. Typically, when we are talking about prescription legend drugs, we think of prescription pain killers, like Vicodin, Percocet, OxyContin, Demerol, and anxiety medication, like Xanax and Diazepam, but the law is broader than that an encompasses many drugs one wouldn’t typically think would be illegal to sell. Distribution of four or fewer dosages of these drugs, not for monetary gain, will result in a misdemeanor disorderly persons offense. While this typically would not lead to jail time, a misdemeanor can result in a $1000 fine and up to six months in jail.

When you distribute prescription drugs for some form of monetary gain, it is a felony. The following are the penalties that apply depending on the quantity of pills or dosage units distributed or sold:

• Distribution for pecuniary gain or possession with intent to distribute for pecuniary gain of four or fewer dosages of a prescription legend drug is a fourth degree crime that results in the possibility of a fine of $10,000 or up to 18 months in jail.

• Distribution for pecuniary gain or possession with intent to distribute for pecuniary gain at least five but less than 100 dosages of a prescription legend drug is a third degree crime. A third degree crime is subject to 3-5 years in prison under N.J.S.A. 2C:43-6, but N.J.S.A. 2C:35-10.5 specifically increases the fines related to distribution of this magnitude, such that the fine could be up to $200,000.

• If you distribute or possess with intent to distribute a prescription legend drug for pecuniary gain in an amount greater than 100 dosages, then you will be guilty of a crime of the second degree. Second degree crimes are even more severe. A second degree crime is punishable by up to 10 years in prison and a fine of up to $300,000.

While there are several affirmative defenses that exist to this charges, such as you have a lawful prescription for the drug that you possess, such that the quantity in your possession is not unlawful, or if you are someone who is lawfully able to prescribe medication, with distribution charges it is rare that an affirmative defense will exist for these often severe and life-altering charges.

Distribution of Suboxone, Xanax, Oxycontin/Oxycodone or another prescription drug is a very serious matter. The Ocean County Prosecutor's Office has made opiate addiction a major priority and aggressively punishes those who sell controlled dangerous substances like Hydrocodone and the like. If you were arrested and charged with possession with intent to distribute prescription drugs in Jackson, Berkeley, Lacey, Seaside Heights, Lakewood or elsewhere in Ocean County, a skilled attorney is a must. The attorneys that make up our eight member defense team are highly qualified litigators that will aggressively defend your case. To speak to one of the lawyers on our staff immediately, call (732) 286-6500. Do not hesitate to contact us today for a free consultation with an experienced lawyer about the circumstances of your charge.

Law Offices of Jonathan F. Marshall, 10 Allen St #2D Toms River, NJ 08753, defends clients charged with distribution and possession with intent to distribute prescription drugs in Toms River, Point Pleasant, Brick, Long Beach, Manchester, Jackson, Berkeley, Lacey, Seaside Heights, Lakewood and other locations in Ocean County.