Adderall has been used to treat attention-deficit hyperactivity disorder (ADHD), and, less commonly, the sleep disorder narcolepsy since 1996, when it was first approved by the FDA. The active ingredient that makes Adderall work is amphetamine, an extremely powerful stimulant colloquially called “speed” or “dexy.” Because Adderall gives users an enormous burst of energy, it is widely abused by high school students and college students who feel pressured to complete huge loads of schoolwork in short periods of time.
If you or your son or daughter was arrested for selling Adderall in Atlantic City, or was charged with Adderall possession in Atlantic City, you need to speak with an experienced New Jersey prescription drug charges lawyer as soon as possible about your case. The penalties for Adderall possession and distribution can be extremely severe, and in addition, the effects of having a criminal record can also be intensely negative, depriving you of eligibility for various jobs, loans, internships, and other opportunities.
If you are reading these words because you or a loved one has been accused of a prescription drug crime in Atlantic City, you need to take immediate action. Call the Law Offices of John J. Zarych at (609) 616-4956 right away for a free and confidential legal consultation.
Was Your Child Arrested for Possessing or Selling Adderall Under N.J.S.A. 2C:35-10.5?
Each crime in New Jersey is defined under its own statute. N.J.S.A. § 2C:35-10.5 is the New Jersey statute that deals with prescription drug crimes. It describes the acts that can cause a person to be charged and prosecuted, and also provides some enhanced penalties that are more severe than the penalties which would typically be imposed for crimes of the same severity.
These penalties are explained in detail in the next section below. However, before describing the penalties, it is important to explain the scenarios that can give rise to Adderall charges in New Jersey. As a defendant, or the parent or family member of a defendant, it’s important for you to understand precisely what you or your son or daughter is being accused of.
Under various sections of N.J.S.A. § 2C:35-10.5, all of the following acts are illegal in Atlantic City and throughout the rest of New Jersey:
- Distributing Adderall without proper authorization, whether or not for pecuniary (financial) gain.
- Possessing Adderall, without a valid prescription, for personal recreational use.
- Having Adderall under your control with intent to distribute it to others.
- Committing fraud or forgery in order to obtain Adderall pills or a prescription for Adderall.
In short, unless you have a valid prescription or are authorized by law to do so, it is illegal to have, use, sell, share, or forge a prescription for Adderall in New Jersey. The U.S. Drug Enforcement Administration (DEA) has made Adderall a Schedule II drug.
Fines and Sentencing for Adderall Possession and Distribution in Atlantic County
In most states, criminal offenses are described as misdemeanors and felonies. New Jersey uses its own terminology. In New Jersey, an offense that would be a misdemeanor in another state is called a “disorderly persons offense.” Likewise, a crime that would be called a felony in another state is called an “indictable crime” or an “indictable offense.”
“Indictable crime” is a broad classification that includes four subcategories:
- First Degree Crimes
- Second Degree Crimes
- Third Degree Crimes
- Fourth Degree Crimes
A first degree crime is the most serious criminal charge under New Jersey law.
Depending on the number of pills or “dosage units” that were involved in the alleged offense, as well as several other factors, an Adderall offense can be prosecuted as a disorderly persons offense, a fourth degree crime, a third degree crime, or a second degree crime. Sentencing for Adderall sales and possession in New Jersey involves the following jail or prison terms:
- Disorderly Persons Adderall Charges – Up to 6 months in jail
- Fourth Degree Adderall Charges – Up to 18 months in prison
- Third Degree Adderall Charges – Up to 5 years in prison
- Second Degree Adderall Charges – Up to 10 years in prison
In the case of third and second degree Adderall crimes, the maximum fines are dramatically enhanced. In comparison to the already enormous maximum fines that are normally imposed for these categories – $15,000 and $150,000, respectively – the maximum fines for Adderall offenses in these categories can be even greater: as large as $200,000 and $300,000, respectively.
The fines for Adderall crimes in other categories are not enhanced, but they are still very costly. The maximum fine for a fourth degree offense is $10,000, and the maximum fine for a disorderly persons offense is $1,000.
Atlantic City Criminal Defense Attorneys Handling Adderall Possession Charges
It is not in your best interests to represent yourself if you have been accused of selling or possessing Adderall or other prescription drugs. You will be expected to know complex court procedures and case law, and will have very little chance of prevailing against an aggressive prosecutor who is familiar with the law. You are entitled to a robust defense, and having skilled legal representation increases your likelihood of obtaining a sentencing reduction, having your case dismissed, or being acquitted (found not guilty).
Make sure that your rights will be vigorously protected by an Adderall possession lawyer with extensive experience handling prescription drug charges on behalf of adults and juveniles in New Jersey. For a free consultation regarding your case, or the arrest or detention of your child or loved one, call the Law Offices of John J. Zarych immediately at (609) 616-4956.
