illegal Possession of Prescription Drugs Not Prescribed to You in NJ
H. SCOTT AALSBERG, ESQ., P.C.
ATTORNEY AT LAW
The Aalsberg Building
39 Milltown Road, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, NJ 07470
1-800-9-RIGHTS or (732) 257-5040
Ranked Nationally in 2015 and 2016 as one of the Top Ten NJ Criminal Lawyers by the National Academy of Criminal Defense Attorneys
The Law: Possession of a Prescription without a valid prescription.  A person is guilty of this offense if he/she 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 and 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 and a fine of up to $300,000 may be imposed.

Notwithstanding the above, a violation of paragraph (1) or (3) of this subsection shall be deemed a de minimis infraction
subject to dismissal pursuant to N.J.S. 2C:2-11 if the person demonstrates that the conduct involved no more than six
dosage units distributed within a 24-hour period, that the prescription legend drug or stramonium preparation was
lawfully prescribed for or administered to that person by a licensed physician, veterinarian, dentist or other practitioner
authorized by law to prescribe medication, and that the person intended for the amount he distributed to be solely for the
recipient's personal use.

b.A person who uses any prescription legend drug or stramonium preparation for a purpose other than treatment of
sickness or injury as lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other
practitioner authorized by law to prescribe medication is a disorderly person.

c.A defendant may be convicted for a violation if the State proves that the defendant manifested symptoms or reactions
caused by the use of prescription legend drugs or stramonium preparation.  The State need not prove which specific
prescription legend drug or stramonium preparation the defendant used.

d.A person who obtains or attempts to obtain possession of a prescription legend drug or stramonium preparation by
forgery or deception is guilty of a crime of the fourth degree.  Nothing in this section shall be deemed to preclude or limit
a prosecution for theft as defined in chapter 20 of Title C of the New Jersey Statutes.

e.A person who knowingly possesses, actually or constructively:

(1)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; or

(2)a prescription legend drug or stramonium preparation in an amount of  five 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 fourth degree.

Notwithstanding the above, a violation of this subsection shall be deemed a de minimis infraction subject to dismissal
pursuant to N.J.S. 2C:2-11 if the person demonstrates that he unlawfully received no more than six dosage units within a
24-hour period, that the prescription legend drug or stramonium preparation was lawfully prescribed for or administered
to the person from whom he had received it, and that the person possessed the prescription legend drug or stramonium
preparation for solely for his personal use.

f.Where the degree of the offense for violation of this section depends on the number of dosage units of the prescription
legend drug or stramonium preparation, the number of dosage units involved shall be determined by the trier of fact.  
Where the indictment or accusation so provides, the number of dosage units involved in individual acts of distribution or
possession with intent to distribute may be aggregated in determining the grade of the offense, whether distribution is to
the same person or several persons, provided that each individual act of distribution or possession with intent to
distribute was committed within the applicable statute of limitations.

g.Subsections a. and e. of this section shall not apply to: a licensed pharmacy, licensed pharmacist, researcher,
wholesaler, distributor, manufacturer, warehouseman or his representative acting within the line and scope of his
employment; a physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication; a nurse
acting under the direction of a physician; or a common carrier or messenger when transporting such prescription legend
drug or stramonium preparation in the same unbroken package in which the prescription legend drug or stramonium
preparation was delivered to him for transportation.

2C:35-11.  Imitation controlled dangerous substances; distribution, possession, manufacture, etc.; penalties.

a.  It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any
substance which is not a controlled dangerous substance (CDS) or controlled substance analog (CDSA):

(1)  Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance
or controlled substance analog; or

(2)  Upon the express or implied representation to the recipient that the substance is of such nature, appearance or
effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance or controlled
substance analog; or

(3)  Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous
substance or controlled substance analog.

Any of the following shall constitute prima facie evidence of such circumstances:

(a)  The substance was packaged in a manner normally used for the unlawful distribution of controlled dangerous
substances or controlled substance analogs.

(b)  The distribution or attempted distribution of the substance was accompanied by an exchange of or demand for
money or other thing as consideration for the substance, and the value of the consideration exceeded the reasonable
value of the substance.

(c)  The physical appearance of the substance is substantially the same as that of a specific controlled dangerous
substance or controlled substance analog.

b.  It is unlawful for any person to manufacture, compound, encapsulate, package or imprint any substance which is not
a controlled dangerous substance, controlled substance analog or any combination of such substances, other than a
prescription drug, with the purpose that it resemble or duplicate the physical appearance of the finished form, package,
label or imprint of a controlled dangerous substance or controlled substance analog.

c.  In any prosecution under this section, it shall not be a defense that the defendant mistakenly believed a substance to
be a controlled dangerous substance or controlled substance analog.

d.  A violation of this section is a crime of the third degree, except that, notwithstanding the provisions of subsection b. of
N.J.S.2C:43-3, a fine of up to $200,000.00 may be imposed.

e.  The provisions of this section shall not be applicable to (1) practitioners or agents, servants and employees of
practitioners dispensing or administering noncontrolled substances to patients on behalf of practitioners in the normal
course of their business or professional practice; and (2) persons who manufacture, process, package, distribute or sell
noncontrolled substances to practitioners for use as placebos in the normal course of their business, professional
practice or research or for use in Federal Food and Drug Administration investigational new drug trials.
H. SCOTT AALSBERG, ESQ., P.C.
NJ Drug and Criminal Offense Lawyers
NJ Possession of Prescription Legend Drugs Not Prescribed to You 2C:35-10.5
SERVING ALL OF NEW JERSEY
1-800-9-RIGHTS
The Penalties for Possession of
Prescription Drugs in New Jersey if they
were not prescribed to you: 2C:35-10.5 is
based on dosage possessed:
Possession of 4 or less dosage units:
up to 180 days in Jail and $1000.00 fine
Distribution of 4 or less dosage units
up to 18 months in jail and $7500.00 fine.
Possession or Distribution of more
than 5 up to 99 dosage units:
up to 5 years in Jail and $200,00.00 fine
Possession or Distribution of more
than 100 dosage units:
up to 10 years in Jail and $300,00.00 fine
Improper Possession or use of a
Prescription Drug in NJ is a serious
offense and even if you obtained
these drugs to treat a real illness the
penalties are the same.  However,
the best drug lawyers will use the
possession of the prescription drug
to show the court that it was not
done purposefully but done out of
desperation.  Although not a true
defense, most judges will consider
the facts and circumstances behind
each case.
3 of 10 Major Defenses for
Possession of Prescription Drugs
not prescribed to you in NJ
Possession or use of a Prescription
Drug in NJ not prescribed to you is a
serious offense even if you obtained
these drugs to give to a friend or
family member.  Many people go to
the drug store and pickup a
prescription for a family member
knowing that the prescription was
not prescribed to them but to that
family member.  Maybe this friend or
family member was too sick to go by
themselves or simply cannot drive.  
The best drug lawyer will use the
possession of the prescription drug
to show the court that you are a
good person doing a good deed and
that it was not done purposefully but
done out of kindness and
consideration for others.  Although
not a true defense, most judges will
consider the facts and
circumstances behind each case.
Get the Best Defenses for your NJ Possession of Prescription Drug Charge:
Call Drug Possession Lawyer H. Scott Aalsberg at 1-800-9-RIGHTS
to setup a free in office consultation to learn how we can help you win your charge and stay out of jail!
illegal Possession of a Prescription Drug In New Jersey is a serious charge
The smallest quantity subjects the offender to up to 180 days in Jail, Fine, & Probation  
The 10 Most Common Drugs leading
to an arrest for Improper Possession
of a Prescription Drug are:
  1. Oxycotin and Oxycodone
  2. Vicodin
  3. Demerol
  4. Nembutal
  5. Valium
  6. Xanax
  7. Ritalin
  8. Adderal
  9. Dextromethorpan
  10. Percoset
Charged with Possession of a Prescription Drug Not Prescribed to you in NJ?  
Most of our clients are facing drug charges due to an addiction or "hanging" out with
someone who does drugs, and they got caught in the car or house with them.  
Don't Let an Addiction or bad choice in friends ruin your life and future.  
Even if your Guilty - We can help!  
With the success of over 10,000 cases Attorney H. Scott Aalsberg, Esq., can help keep you
out of jail and win your drug charge.  Even if your case appears hopeless don't give up!  
Call 1-800-9-RIGHTS now to setup a free in office consultation
*98% Success Rate to Win, Reduce or Eliminate the penalties applies to past cases and is not a guarantee of a result for a future case.  Past performance is not indicative of future
performance or results.  Copyright 2016 H. Scott Aalsberg, Esq., P.C.
Illegal Possession of a prescription
drug without being the prescription
holder is a serious offense in NJ and
can happen accidentally.  An
example of accidental possession
can occur when you are using
someone else's car.  Before taking
another person car you should
thoroughly search the car for any
contraband (drugs, weapons, etc) if
not you face being charged with
whatever is in the car your driving.  
However, the best drug defense
lawyer will investigate the facts of
your case, investigate the other
people who have driven the car and
find out if any other driver may have
had a prescription or transported
someone who had a prescription for
the same drug.  If this can be found
you could be found not guilty.  
Above we have given you just 3 out of
hundreds of examples of how Attorney
H. Scott Aalsberg has gotten his
clients drug charges either dismissed
or downgraded to non criminal
charges.  We can do this for you, and
your drug charge.  But you must take
the first step and call and setup your
free in office consultation.  The Call is
Free, the results will be priceless!
98% Success Rate of
Winning, Reducing, or
Eliminating the Penalties
To Work For You Call
1-800-974-4487
Free In Office Consultation
Best Defense Strategies + Top Rated Lawyer = Best Result
Protecting Your Freedom For 23 Years
Free In Office Consultation Call: 1-800-9-RIGHTS
98%* Success Rate to Win, Reduce or Eliminate the Penalties
Attorney Advertisement Legal Disclaimer:
No Aspect of the Awards/Accolades mentioned herein have been approved by the Supreme Court of New Jersey.  
Click here for a link on the methodology of each award.
Any person who possesses a
prescription legend drug not
prescribed to them in a motor vehicle
may be subject to a 2 year loss of their
NJ Drivers License (see 39:4-49.2)