New Brunswick NJ Prescription Drug Criminal Lawyer
The Iler Law Firm represents clients charged with drug crimes including distribution of cocaine, marijuana, adderall, and oxyocodone. These drug offenses are extremely serious in nature and our criminal defense lawyers practice throughout New Jersey including in Middletown, Asbury Park, Neptune, and Woodbridge. Please contact our office for a free initial consultation at (732)842-7787.
Possession or Distribution of Prescription Drugs: Oxycodone
Oxycodone is an opioid analgesic medication used to relieve moderate to severe pain. It can be prescribed as a single ingredient product but can also be combined with acetaminophen or ibuprofen. Oxycontin is a brand name for time release single oxycodone medication. Unfortunately, this drug has proven very addictive and provides a high to those patients who are prescribed it. As a result, an illegal market has developed for the buying and selling of strong painkillers like oxycodone and oxycontin. This often leads to other criminal charges besides possession and distribution offenses such as prescription drug forgery charges or prescription fraud charges as individuals try to get these drugs any way that they can, even without a valid prescription.
A significant black market has developed for Oxycontin because individuals with a valid prescription pay approximately $2 per 20 mg pill while these pills are sold illegally for approximately $20 per pill. As a result, it is extremly profitable for individuals to sell these pills illegally. Moreover, there is a high risk of significant withdrawal if an individual stops taking oxycodone or Oxycontin abruptly. Typically, doctors slowly take patients off of a Oxycontin regiment for pain. Thus, those individuals who are taking oxycodone which is not prescribed and purchase it illegally suffer significant withdrawal symptoms if they are unable to purchase additional pills.
Oxycontin Possession and/or Distribution: N.J.S.A. 2C:35-10.5
Typically, charges for illegal possession and/or distribution of Oxycontin or Oxycodone are governed by N.J.S.A. 2C:35-10.5 which provides in pertinent part:
§ 2C:35-10.5. Prescription legend drugs
a. A person who knowingly:
(1) distributes a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian,dentist or other practitioner authorized by law to prescribe medication is a disorderly person;
(2) distributes for pecuniary gain or possesses or has under his control with intent to distribute for pecuniary gain a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the fourth degree;
(3) distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of at least five but fewer than 100 dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the third degree. Notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 200,000 may be imposed; or
(4) distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the second degree. Notwithstanding the provisions of subsection b. of N.J.S.A. 2C:43-3, a fine of up to $ 300,000 may be imposed.
For more information or for assistance in dealing with your prescription drug charges, please contact our office for a free initial consultation at (732)842-7787.
