N.J.S.A. 2C:35-10.5, NJ’s Prescription Drug
Statute it is illegal to carry prescription drugs
and other medications without a valid prescription or aoutside the official
container. Also possessing and distributing prescription medication
is illegal unless you are a licensed physician, pharmacist, dentist or other
practitioner that is authorized by law to prescribe or distribute prescription
drugs.
2C:35-10.5
Prescription legend drugs.
8.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.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.2C:43-3, 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 of subsection b. 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.