Adderall Possession, Distribution, NJ Prescription & Forgery Lawyers
It can be tempting to use Adderall to cram for a test or to pull an all-nighter to meet a tight deadline. But even though Adderall is widely used as a performance enhancing drug, it’s still illegal to buy or sell without a valid prescription. Getting caught with even just a few pills can result in criminal charges and penalties such as fines and jail sentences.
Being accused of an Adderall crime can be a difficult and confusing ordeal, but you have the right to be represented by an attorney throughout the entire process, and an experienced Adderall Defense Attorney can help to make sense of your situation and identify the best ways to get your charges dismissed or reduced. If you need an attorney, contact me, Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, through the email form on my website or at 908-643-6801 for a free initial consultation. As a former prosecutor and a current criminal defense attorney with more than 35 years of experience, I know how to fight Adderall and other prescription drug charges, and I can help make sure that you get the lightest possible penalty in your case.
What Is Adderall And Who Uses It?
Adderall is a prescription amphetamine used to treat attention-deficit hyperactivity disorder (ADHD) and narcolepsy. Like other amphetamines, Adderall is addictive, and for people who don’t suffer from ADHD or narcolepsy it can cause hyperactivity, increased focus, and decreased appetite. Serious side effects can include twitching, insomnia, increased blood pressure, increased heart rate, palpitations, seizure, stroke, and heart attack.
Because of its stimulant and focusing effects, Adderall has become popular among high school and college students as a “study drug.” It’s also used as a performance enhancer in the workplace, as a diet drug, and as a party drug, with users often choosing to crush up the pills and snort them to get a more intense high. Many people obtain Adderall illegally, getting it either from friends who have prescriptions or by purchasing it from drug dealers. Prices range from about $5 to $20 per pill and street names include addies, speed, beans, beanies, and dexies.
Legal Status Of Adderall
Adderall is classified as a controlled dangerous substance and is subject to the same drug possession, distribution, and prescription forgery laws that apply to other illegally obtained prescription drugs. Adderall offenses, it should also be noted, may be subject to criminal penalties under both New Jersey and federal law.
NJ Prescription Forgery Charges
Prescription forgery includes offenses such as altering a prescription form to increase the amount prescribed or fraudulently filling out a blank prescription form. Under New Jersey law, N.J.S.A. 2C:21-1, forging a prescription can be charged as a fourth degree crime, which is subject to a punishment of up to 18 months in prison, or as third degree crime, which carries a penalty of 3 to 5 years in prison and a fine of up to $50,000. A person who forges a prescription may also be charged with theft and other property crimes, depending on the circumstances of the case.
NJ Prescription Drug Fraud
Under New Jersey law, N.J.S.A. 2C:35-13, it’s illegal to acquire or possess prescription drugs by misrepresentation, fraud, forgery, deception or subterfuge. These acts result in third degree charges and the penalty for a conviction is three to five years in prison and a fine of up to $50,000.
NJ Adderall Possession Charges
Using Adderall for a purpose other than a lawfully prescribed medical treatment is a disorderly persons offense carrying a penalty of up to six months imprisonment, according to N.J.S.A 2c:33-2. The unlawful possession of four or fewer Adderall pills is also a disorderly persons offense, while the unlawful possession of five or more is a fourth degree crime, which can carry a sentence of up to 18 months in prison.
Notwithstanding these penalties, charges for the possession of Adderall will be deemed de minimis infractions subject to dismissal if the person demonstrates:
- that he unlawfully received no more than 6 pills within a 24-hour period; and
- that the Adderall was lawfully prescribed to the person from whom he received it; and
- that he possessed it solely for his personal use.
NJ Adderall Distribution Charges
The penalties for Adderall distribution depend on the number of pills involved:
- The distribution of 4 or fewer Adderall pills is a fourth degree crime subject to a penalty of up to 18 months imprisonment.
- The distribution or intent to distribute at least 5 but less than 100 pills is a third degree crime and can be punished by 3 to 5 years in prison and a fine of up to $ 200,000.
- The distribution of 100 or more pills is a second degree offense, which can result in 5 to 10 years incarceration and a fine of up to $ 300,000.
As with possession charges, however, distributing Adderall will be deemed a de minimis infraction subject to dismissal if the person demonstrates:
- that the conduct involved no more than 6 pills within a 24 hour period; and
- that the Adderall was lawfully prescribed to him; and
- that it was distributed solely for the recipient’s personal use.
Physicians and pharmacists who unlawfully distribute Adderall are subject to additional penalties under the New Jersey Controlled Dangerous Substances Act, including fines of up to $25,000 and sentences of up to 3 years imprisonment.
Federal Drug Charges
According to federal drug laws, adderall is classified as a Schedule II drug. Simple possession is punishable by up to a year in prison and a fine of up to $1,000. Subsequent offenses carry more severe penalties. A second drug offense can carry a sentence of up to two years in prison and a minimum fine of $2,500. Third-time offenses are punishable by a sentence of at least 90 days but not more than three years, as well as a minimum fine of $5,000. Prior convictions can be based on federal or state drugs laws, and they don’t need to involve Adderall specifically.
Under federal law, the distribution of any amount of a Schedule II drug is punishable by a term of imprisonment of at least 10 years but less than life imprisonment, and by a fine of up to $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is a corporation. These penalties are increased for repeat offenders: second-time drug offenders will be sentenced to a term of imprisonment of at least 20 years but less than life imprisonment, and by a fine of up to $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is a corporation. If a person commits a violation after two or more prior convictions, he’ll be subject to a mandatory term of life imprisonment without release and a fine of up to $20,000,000.
Having An Attorney By Your Side
There are many different reasons why a person might use Adderall illegally, but if you’ve been arrested for Adderall charges, one thing is certain: you need a criminal defense attorney. My name is Anthony N. Palumbo, and I am a New Jersey Criminal Defense Attorney at The Law Offices of Anthony N. Palumbo. Contact me today for a free initial consultation through the email form on this website or at 908-643-6801 , and I will carefully go through the facts of your case and assess any defenses that might be available to you. As an accomplished member of the legal community, a former prosecutor, and a current criminal defense attorney with more than 35 years of experience, I know how the system works and how to get the best results in your case.
The Law Offices of Anthony N. Palumbo is a criminal defense law firm that represents individuals throughout New Jersey, including Essex County, Hudson County, Middlesex County, Mercer County, Monmouth County, Morris County, Ocean County and Union County.