Illegal Adderall Possession and Distribution

The Moriarty Law Firm represents clients throughout New Jersey charged with cocaine possession, marijuana distribution, possession of drug paraphernalia, and possession of ecstasy. By calling The Moriarty Law Firm today at (732)842-7773, you will take a step toward preserving your rights and your freedom.  Come in and see us today for your free consultation and to experience the difference The Moriarty Law Firm can make for you.

New Jersey Illegal Drug Possession: Adderall

Adderall is a drug commonly misused by students and professionals to “focus”. Adderall is a psychostimulant medication made from amphetamine and dextroamphetamine. The drug works by increasing the amount of dopamine and norepinephrine in the brain which heightens the user’s ability to focus and concentrate.  Users experience a heightened sense of alertness, and overall cognitive performance while decreasing fatigue in the brain.

The most common application of the drug is for the treatment of Attention Deficit Hyperactivity Disorder (ADHD). Desire for the high provided by the drug has created a black market for the drug and criminal charges for illegal possession and/or distribution of Adderall have skyrocketed in recent years. Adderall is a Schedule II drug under the Controlled Substance Act based on the high instances of addiction and abuse that accompany illegal use of the drug.

Adderall Possession and Distribution: N.J.S.A. 2C:35-10.5

Generally, charges for illegal possession and/or distribution of Adderall 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 additional information, contact our criminal defense lawyers for immediate assistance at (732)842-7773.

We Handle All Types of Drug Charges

In New Jersey, drug charges may be brought in either the Municipal Court or Superior Court. Indictable offenses are handled in Superior Court, where penalties may involve years in prison. In addition, drug charges involving inter-state conspiracy or trafficking across state lines would be handled in Federal Court and face much more severe consequences than State charges.

The courts generally consider two factors in determining how serious a drug charge is — the type of drug involved, and the weight of the drug involved. A variety of factors will determine whether you are charged with simple possession, intent to distribute, distribution or trafficking. As a general rule of thumb, the more “heavy” the type of drug and the larger the quantity you possess, the more serious the consequences.  Heroin, Ecstasy, Cocaine and the like are handled in Superior Court, while marijuana, depending on the amount, is usually handled in Municipal Court.

If you have been arrested with any illegal drug in any quantity, it’s very important that you hire a qualified defense attorney to represent you. You can speak with an attorney at our firm 24 hours a day by calling 732-842-7773 or you can contact us by e-mail to schedule a free initial consultation.