Selling xanax, percocet, fentanyl, hydrocondone or another pharmaceutical is a very dicey proposition. All that you have to do is turn on the TV or open a newspaper to discover just how hot a subject prescription drugs has become. The situation is even more complicated for someone when their charge involves distributing or possession with the intent to distribute painkillers and other medication. If you have been charged with illegally distributing prescription drugs, you can have confidence that by calling 973-773-2204, the Law Offices of Marshall, Bonus, Proetta & Oliver you will obtain a free consultation from someone with considerable experience in this area of law. In point of fact, our criminal defense team is eight (8) attorneys large, something extremely rare in New Jersey and Essex County. An experienced former prosecutor is ready to immediately assist you.
Possession With Intent To Distribute Prescription Drugs Lawyers in Montclair NJ
The grading of prescription drug distribution charges are set forth at N.J.S. 2C:35-10.5. If an individual distributes a prescription legend drug or possesses it with the intent to distribute it, the offense is graded based on the following dosage unit (e.g. the amount of pills) cutoffs:
- our (4) units or less is a fourth degree crime;
- five (5) – ninety nine (99) units, is a third degree crime; and
- one hundred (100) or more units, is a second degree crime.
There is an exception to this grading, however, for what this law categorizes as a de minimis infraction. In this regard, an individual shall not be subject to prosecution in accordance with N.J.S. 2C:2-11 where the quantity involved is six (6) or less pills during a twenty four (24) hour period, was lawfully prescribed to the defendant, and the prescription drug was distributed for the personal use of the recipient. In addition, the prosecutor is permitted to aggregate or add dosage units together to determine the grading of a charge and this applies whether or not the distribute was to the same or different people.
School Zone & Public Park Violation
There are special penalties that apply when an individual is convicted of selling pills or other prescription legend drugs in a School Zone or Public Park Zone. Under N.J.S. 2C:35-7, it is a second degree crime to distribute prescription medication within 1,000 feet of school property (i.e. a “school zone”). A similar infraction occurs when someone engages in distribution within 500 feet of a public park or housing project under N.J.S. 2C:35-7.1. Both of these offenses are a separate charge from distributing prescription drugs under N.J.S. 2c:35-10.5.
Bloomfield NJ Oxycontin Distribution Lawyers
Hire A Skilled Attorney Because Penalties for Distribution Are Stiff
The penalties that are imposed for possession with intent to distribute are enhanced for prescription drugs. If you are convicted of a third degree crime for selling a prescription legend, you are exposed to a potential fine that is huge — $200,000. The fine for a second degree distribution of hydrocodone, valium or another medication is even worse and can reach $300,000. The state prison terms for distributing pharmaceuticals are up to eighteen (18) months for a fourth degree, five (5) years for a third degree and ten (10) years for a second degree.
Prescription Drug Distribution Attorneys in West Orange
If you are facing prescription drug charges in Newark or elsewhere, we have the skill you can count on to get results. Our former prosecutors and defense attorneys have over 100 years of collective experience fighting distribution of drug offenses. We are prepared to put our skills to work for you and vigorously challenge the prosecutor’s case so that you obtain the very best outcome available. Call us at 973-710-1520.