Palisades Interstate Park NJ Possession and Distribution of OxyContin Defense Attorneys
Bergen County NJ Criminal Defense Lawyers
OxyContin, more commonly referred to as “oxy,” is a pain-relief medication that is typically prescribed for the management of moderate to severe pain. OxyContin contains oxycodone, which is a pain reliever derived from opium and similar to morphine. Among the drug’s side effects are depression, seizures, and respiratory arrest. Oxycodone also has a high propensity for abuse. Many times, a person will be legally prescribed “oxy” following surgery, only to find himself or herself addicted to the drug after the prescription has been exhausted. “Oxy” is an incredibly popular “recreational drug” in New Jersey. It can even be a gateway drug, leading to abuse of other drugs such as cocaine or heroin. As a result, NJ prosecutors often seek to impose the maximum punishments in OxyContin cases.
The Tormey Law Firm is a trial team of aggressive criminal defense lawyers, including a former New Jersey prosecutor who has handled countless drug cases in his distinguished career. Our defense attorneys have extensive experience defending clients against drug charges, including cocaine possession, marijuana possession, and possession of heroin with intent to distribute in Bergen County and throughout New Jersey, including in Montvale, Garfield, and Palisades Park. We have successfully represented numerous clients charged with Morphine possession and intent to distribute Morphine. We encourage you to check out just a few of our successful results in the courtroom.
If you or a loved one has been charged with a drug-related offense in New Jersey, call us today at (201)-330-4979 for a free consultation. And continue reading this page for more information regarding OxyContin charges in New Jersey.
N.J.S.A. 2C:35-10.5: OxyContin Law in New Jersey
In New Jersey, it is illegal to carry prescription drugs and certain medications unless you are in possession of a valid prescription. As set forth by N.J.S.A. 2C:35-10.5, possession and/or distribution of OxyContin is prohibited unless carried out by a licensed physician, dentist, veterinarian, or pharmacist. The Controlled Substance Act classifies OxyContin as a Schedule II controlled dangerous substance (CDS). Schedule II drugs have an accepted medical use but a high potential for abuse that can lead to physical and psychological dependence. The penalties for possession or distribution of OxyContin vary, depending on the number of pills that are seized.
Second Degree: OxyContin Possession, Possession with Intent to Distribute, Distribution
If caught with 100 or more OxyContin pills, a person can be charged with second degree intent to distribute OxyContin. If convicted of this charge, you could be looking at five (5) to ten (10) years in New Jersey State Prison, with a presumption of incarceration. Additionally, a conviction can result in a $300,000.00 fine.
Third Degree: OxyContin Possession, Possession with Intent to Distribute, Distribution
In New Jersey, possession of between five (5) and 99 OxyContin pills without a valid prescription is classified as a third degree crime. If convicted of third degree possession of OxyContin, you could be looking at a sentence of between three (3) and five (5) years in New Jersey State Prison and a fine of up to $200,000.00.
Fourth Degree: OxyContin Possession, Possession with Intent to Distribute, Distribution
If you possess four (4) or fewer OxyContin pills, it can be classified as a fourth degree felony. This is punishable by up to 18 months in state prison.
Disorderly Persons Offense: OxyContin Possession
In accordance with N.J.S.A. 2C:35-24, possession of four (4) or fewer OxyContin pills may also be classified as a disorderly persons offense. This means that if you are caught with a pill outside the bottle or container in which it was dispensed, you could be charged with disorderly persons possession of OxyContin. Even being under the influence of OxyContin in public without a valid prescription can be a disorderly persons offense. If convicted, you may be sentenced to six (6) months in the county jail and hit with a fine of up to $1,000.00.
Disorderly Persons Offense: Failure to Turn Over OxyContin to a Police Officer
Another related charge is failure to turn over OxyContin to a law enforcement officer. As set forth by N.J.S.A. 2C:35-10(c), failing to turn over drugs to police is a disorderly persons offense. Often, this will be a downgraded charge that prosecutors use in an OxyContin case. If convicted, you could still face up to six (6) months in the county jail, a $1,000.00 fine, and suspension of your driver’s license for at least six (6) months.
Contact The Tormey Law Firm in Hackensack, NJ for Immediate Assistance
If you’ve been arrested for OxyContin possession, you may be eligible for a diversionary program such as the Pre-Trial Intervention (PTI) program or the conditional discharge program, depending on your prior record and the degree of the charges you face. To learn more about the alternatives that may be available to you, do not hesitate to contact the Hackensack offices of The Tormey Law Firm at (201)-330-4979 for a free consultation.