New Jersey criminal charge
Prescription legend drugs in New Jersey
Prescription legend drugs is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:35-10.5. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:35-10.5.
What is the penalty for prescription legend drugs in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (Distribution/possession with intent to distribute for pecuniary gain — 4 or fewer dosage units — Knowingly distributing for pecuniary gain, or possessing with intent to distribute for pecuniary gain, 4 or fewer dosage units.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Distribution/possession with intent to distribute for pecuniary gain — 4 or fewer dosage units — Knowingly distributing for pecuniary gain, or possessing with intent to distribute for pecuniary gain, 4 or fewer dosage units.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Distribution/possession with intent to distribute — 5 to 99 dosage units — Knowingly distributing or possessing with intent to distribute between 5 and 99 dosage units.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Distribution/possession with intent to distribute — 5 to 99 dosage units — Knowingly distributing or possessing with intent to distribute between 5 and 99 dosage units.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Distribution/possession with intent to distribute — 100 or more dosage units — Knowingly distributing or possessing with intent to distribute 100 or more dosage units.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Distribution/possession with intent to distribute — 100 or more dosage units — Knowingly distributing or possessing with intent to distribute 100 or more dosage units.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Obtaining by forgery or deception — Obtaining or attempting to obtain a prescription legend drug or stramonium preparation through forgery or deception.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Obtaining by forgery or deception — Obtaining or attempting to obtain a prescription legend drug or stramonium preparation through forgery or deception.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Possession — 5 or more dosage units — Knowing possession, actual or constructive, of 5 or more dosage units without lawful prescription.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Possession — 5 or more dosage units — Knowing possession, actual or constructive, of 5 or more dosage units without lawful prescription.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is prescription legend drugs classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Distribution/possession with intent to distribute for pecuniary gain — 4 or fewer dosage units | Crime of the Fourth Degree | Knowingly distributing for pecuniary gain, or possessing with intent to distribute for pecuniary gain, 4 or fewer dosage units. | N.J.S.A. 2C:35-10.5undefined |
| Distribution/possession with intent to distribute — 5 to 99 dosage units | Crime of the Third Degree | Knowingly distributing or possessing with intent to distribute between 5 and 99 dosage units. | N.J.S.A. 2C:35-10.5undefined |
| Distribution/possession with intent to distribute — 100 or more dosage units | Crime of the Second Degree | Knowingly distributing or possessing with intent to distribute 100 or more dosage units. | N.J.S.A. 2C:35-10.5undefined |
| Obtaining by forgery or deception | Crime of the Fourth Degree | Obtaining or attempting to obtain a prescription legend drug or stramonium preparation through forgery or deception. | N.J.S.A. 2C:35-10.5undefined |
| Possession — 5 or more dosage units | Crime of the Fourth Degree | Knowing possession, actual or constructive, of 5 or more dosage units without lawful prescription. | N.J.S.A. 2C:35-10.5undefined |
Common questions about prescription legend drugs in New Jersey
What degree of offense is prescription legend drugs in New Jersey?
It depends on the circumstances: prescription legend drugs ranges from a Crime of the Fourth Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:35-10.5.
Distribution/possession with intent to distribute for pecuniary gain — 4 or fewer dosage units: Crime of the Fourth Degree (N.J.S.A. 2C:35-10.5) · Distribution/possession with intent to distribute — 5 to 99 dosage units: Crime of the Third Degree (N.J.S.A. 2C:35-10.5) · Distribution/possession with intent to distribute — 100 or more dosage units: Crime of the Second Degree (N.J.S.A. 2C:35-10.5) · Obtaining by forgery or deception: Crime of the Fourth Degree (N.J.S.A. 2C:35-10.5) · Possession — 5 or more dosage units: Crime of the Fourth Degree (N.J.S.A. 2C:35-10.5)
What are the penalties for prescription legend drugs in New Jersey?
Penalties for prescription legend drugs in New Jersey depend on how it is classified — from a Crime of the Fourth Degree up to a Crime of the Second Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers prescription legend drugs?
Prescription legend drugs is governed by N.J.S.A. 2C:35-10.5 (Prescription legend drugs).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.