The state of New Jersey criminalizes the possession, sale, and distribution of prescription drugs (such as Xanax). Charges involving sales or distribution of drugs have tougher penalties than charges limited to possession for personal use. Felony consequences can include prison time and hefty fines.

What many people fail to realize is that giving away your prescription drugs is illegal. It might seem okay to give your pills to a person in pain, however, prosecutors and law enforcement take a different viewpoint on this. Even if there is no money transaction involved, numerous state and federal laws make it illegal to share prescription medicine. Therefore, you don’t necessarily have to earn a profit to be charged with drug distribution in New Jersey.

New Jersey’s prescription drug statute is N.J.S.A. § 2C:35-10.5.  This statute defines various prescription drug offenses and establishes the criminal penalties for prescription drug-related convictions in New Jersey. Only one of the statute’s sections references “pecuniary gain” (financial gain) as an element of a crime.

Examples of prescription drugs that people, in particular college-age students, are commonly charged with possessing, sharing, or selling in New Jersey include:

Schedule II Drugs:

  • Adderall, Demerol, Dexedrine, Dilaudid, OxyContin

Schedule III Drugs:

  • Anabolic Steroids, Ketamine, Testosterone

Schedule IV Drugs:

  • Ambien
  • Ativan
  • Soma
  • Xanax
  • Valium

If you or a loved one has been charged with these offenses, the attorneys at Schwartz & Posnock can provide the vigorous defense to which you are entitled as a citizen. Our firm has handled Municipal Court, State, and Federal criminal cases throughout the Jersey Shore, in the Monmouth County Superior Court in Freehold, the Ocean County Superior Court in Toms River, the Atlantic County Superior Court in Atlantic City, New Jersey, the Essex County Superior Court in Newark, New Jersey, the Union County Superior Court in Elizabeth, New Jersey, the Middlesex County Superior Court in New Brunswick, the Morris County Superior Court in Morristown, New Jersey, the Hudson County Superior Court in Jersey City, New Jersey, the Mercer County Superior Court in Trenton, New Jersey, the Bergen County Superior Court, in Hackensack, New Jersey, and the Federal Courts in Newark, Trenton, and Camden, New Jersey for over thirty years. We have a proven track record of excellent results for our clients. Please contact us in any one of our convenient locations, including our Monmouth County office, located in Eatontown (at the Jersey Shore), our Essex County office, located in Livingston, our Union County office, located in Linden, or our Middlesex County office, located in East Brunswick, to discuss your case. You may call the experienced criminal defense attorneys of Schwartz & Posnock at 732-544-1460 or email us at