New Jersey Xanax Law: Possession, Use, and Legal Disposition

Elizabeth, NJ Xanax Charge Attorney

                                                                   

A Xanax charge in New Jersey can lead to life-altering consequences for you and your loved ones. Xanax, also known by its generic name alprazolam, is a prescription medication commonly prescribed for anxiety and panic disorders. However, its potential for chemical dependence makes it crucial to understand the legal framework surrounding its possession and use. If you or a loved one is facing a Xanax charge in New Jersey, as well as MDMA charge, Ambien Charge, Cocaine charge, or Heroin possession charge, then you need to contact a qualified attorney right away. There are many reasons why you might want to hire Brett M Rosen as your criminal defense attorney for your Xanax charge. Here are some of them:

• He is a passionate lawyer who has proven his skills and dedication in many cases, including high-profile ones involving celebrities and sexual assault allegations.
• He has a record of success in defending clients against serious criminal charges, such as drug possession, domestic violence, and sexual assault. He has achieved not-guilty verdicts, dismissals, and favorable plea deals for his clients.
• He is an expert in handling complex and sensitive cases involving allegations of sexual assault, especially when the accuser is a minor. He knows how to challenge the credibility of the accuser, overcome societal bias and public perception, and present a compelling story to the jury.
• He is a believer in human rights and justice. He stands up for the rights of every individual, regardless of their social standing or profession. He fights for the presumption of innocence and the right to a fair trial for his clients.
• He is a negotiator who can secure the best possible outcome for his clients. He knows how to deal with prosecutors and judges and persuade them to offer lenient sentences or alternative programs, such as Pretrial Intervention (PTI), which can help his clients avoid a conviction and a criminal record.

If you are facing a Xanax charge in New Jersey, you should know that it is a serious offense that can carry harsh penalties, such as fines, prison time, and a permanent criminal record. You need a skilled and experienced lawyer who can protect your rights and interests. Brett M Rosen is such a lawyer, and he can help you with your case. You can contact him through this website or call him for a free consultation. He will review your case and advise you on the best course of action. He will also answer any questions you might have and explain the legal process to you. He will work hard to achieve the best possible result for you. Don’t hesitate to reach out to him today. He is ready to help you.

Definition of Xanax Charge in New Jersey

Possessing Xanax in New Jersey without a valid prescription can lead to serious jail time and fines. Unlawful possession of Xanax is codified under New Jersey law as New Jersey Revised Statutes Section 2C:35-10. The New Jersey law makes it clear that to lawfully obtain or possess Xanax, you will need a valid prescription. Here are the critical points regarding Xanax in New Jersey:

• Possession and Use:
  • It is unlawful for any person to knowingly or purposely obtain, possess (either actually or constructively), or be under the influence of Xanax (or any controlled substance) unless:
    • The substance was obtained directly from a licensed practitioner through a valid prescription.
    • The possession is otherwise authorized by New Jersey law.
  • Violating this provision can result in criminal charges.

Penalties for Possessing Xanax in New Jersey

Possessing Xanax in New Jersey can lead to prison time, a large fine, and a criminal record. A criminal record will likely make it difficult to find a job or employment. The severity of penalties depends on the classification of the controlled substance:

• • Illegal use of Xanax, such as being under the influence, failing to turn over the drug to a police officer, or carrying it in a container other than the original one, is a disorderly persons offense or a misdemeanor. It can result in fines of up to $1,000 and up to 6 months of jail time.
  • Possession of 4 or fewer Xanax pills without a valid prescription is a fourth degree crime. It can result in fines of up to $10,000 and up to 18 months in state prison.
  • Possession of between 5 and 99 Xanax pills without a valid prescription is a third degree crime. It can result in fines of up to $200,000 and up to 5 years in state prison.
  • Possession of 100 or more Xanax pills without a valid prescription, or with an intent to distribute, is a second degree crime. It can result in fines of up to $300,000 and up to 10 years in state prison.
  • Prescription forgery, theft, or fraud involving Xanax is also a third degree crime. It can result in fines of up to $50,000 and up to 5 years in state prison.

Amount of Xanax Possessed	Potential Consequences
Under the Influence/Not Carrying in Proper Container	Up to six (6) months in the county jail & up to $1,000 fine
Four (4) or less Xanax pills	Up to eighteen (18) months in jail/prison and up to a $10,000 fine
Five (5) to 99 Xanax pills	Up to five (5) years in state prison and up to $200,000 fine
100 or more Xanax Pills	Up to ten (10) years in state prison and up to $300,000 fine

 

Controlled Substance Act

Xanax is classified as a Schedule IV controlled dangerous substance (CDS) under the Controlled Substance Act. A Schedule IV controlled dangerous substance (CDS) in New Jersey is a drug that has low potential for abuse relative to the substances listed in Schedule III and has currently accepted medical use in treatment in the United States. Abuse of a Schedule IV CDS may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III. Some examples of Schedule IV CDS in New Jersey are Ambien, Darvocet, Klonopin, Phenobarbital, Valium, and Xanax.

If you are charged with possession or distribution of a Schedule IV CDS in New Jersey, you could face serious consequences, such as imprisonment, fines, and a criminal record. The penalties vary depending on the amount and type of drug involved, as well as other factors, such as your prior criminal history and whether you were in a school zone or a public park. You need a qualified and experienced criminal defense attorney who can help you fight the charges and protect your rights. Brett M Rosen is one of the best lawyers in New Jersey who specializes in drug cases. He can provide you with a strong and effective defense strategy. You can contact him today for a free consultation. He will review your case and advise you on the best course of action. He will also answer any questions you might have and explain the legal process to you. He will work hard to achieve the best possible result for you. Don’t hesitate to reach out to him today. He is ready to help you.

Defenses to New Jersey Xanax Charges

There are some possible defenses that you can use to challenge the New Jersey criminal charge of possessing Xanax without a valid prescription. Some of them are:

• Lack of knowledge or intent: You can argue that you did not know that the pills you possessed were Xanax or that you did not intend to possess them. For example, you can claim that someone else gave you the pills without telling you what they were or that you found them in a public place and picked them up out of curiosity.
• Valid prescription: You can show that you have a valid prescription for Xanax from a licensed physician and that you obtained the pills legally. You can also explain why you did not have the original container or label with you at the time of the arrest.
• Illegal search and seizure: You can challenge the legality of the police conduct that led to the discovery and seizure of the Xanax pills. You can assert that the police violated your constitutional rights by searching you or your property without a warrant, probable cause, or consent. You can also claim that the police planted or tampered with the evidence.
• Entrapment: You can contend that the police induced you to possess Xanax by using coercion, threats, or deception. You can also allege that the police provided you with the opportunity or means to obtain Xanax that you would not have otherwise had.

These are some of the common defenses that you can use to fight the Xanax possession charge in New Jersey. However, each case is different and requires a careful analysis of the facts and circumstances. Therefore, it is advisable to consult with an experienced and qualified criminal defense attorney who can help you with your case. A good lawyer can review your case and advise you on the best course of action. A good lawyer can also negotiate with the prosecutors and judges and seek a favorable outcome for you, such as a dismissal, a reduction of the charge, a diversion program, or a lenient sentence. If you are looking for a lawyer who can help you with your Xanax charge, you can contact Brett M Rosen, who is one of the best lawyers in New Jersey who specializes in drug cases. You can contact him through his website or call him for a free consultation. He will answer any questions you might have and explain the legal process to you. He will work hard to achieve the best possible result for you. Don’t hesitate to reach out to him today. He is ready to help you.

Pre-Trial Intervention for Possession & Distribution of Xanax

Whether you are eligible for Pretrial Intervention (PTI) in New Jersey for a Xanax possession or distribution charge depends on several factors:

1. The Severity of the Charge:

• Possession:
  • Without a prescription: You may be eligible for PTI as a first-time offender charged with a third or fourth-degree crime for possession of Xanax.
  • With intent to distribute: Prosecutor consent is required to enter PTI for second-degree charges related to intent to distribute Xanax.
• Distribution: Eligibility for PTI is unlikely for distribution charges, especially for larger quantities of Xanax.

2. Your Criminal History:

• First-time offenders: Generally have a better chance of being accepted into PTI.
• Prior convictions: Reduce the likelihood of being accepted, especially for drug offenses.

3. The Judge’s Discretion:

• Ultimately, the judge decides whether to grant PTI based on the specific circumstances of your case.

Here’s what you should do:

• Consult an experienced New Jersey criminal defense attorney. They can assess your specific situation and advise you on the possibility of PTI, potential defenses, and the best course of action. Contact our office today to discuss your possession or distribution of Xanax charge.

Frequently Asked Questions (FAQs) 

• Question: Can I be arrested for Xanax in New Jersey even though I have a valid prescription for it?
  • Answer: In New Jersey, the use of Xanax is legal if you have a valid prescription. However, if you possess Xanax without a personal prescription or distribute it to someone else when you are unauthorized to do so, you can face serious legal consequences. It is also illegal to carry prescription drugs like Xanax unless you hold a valid prescription. If you’re found in possession of Xanax without a prescription, the penalties can range from fines to imprisonment, depending on the quantity and the intent (personal use vs. distribution). 

• Question: I gave a Xanax to my friend, can I be charged in New Jersey for Xanax distribution?
  • Answer: Yes, in New Jersey, distributing Xanax without proper authorization, such as a medical license, is illegal. Even if you give it to a friend without any financial transaction, it can still be considered distribution under the law. If you’ve been charged with distribution of Xanax, the penalties can be severe, including the possibility of facing up to 10 years in state prison.

• Question: Is there a statute of limitations for a Xanax charge in New Jersey?
  • Answer: Yes, in New Jersey, the statute of limitations for disorderly persons offenses, which may include certain drug possession charges, is 1 year. However, for most crimes, including third-degree offenses like possession of Xanax without a valid prescription, the statute of limitations is 5 years.

 

Premier New Jersey Xanax Charge Lawyer

Understanding New Jersey’s Xanax laws is crucial to avoid legal repercussions. Here are some reasons why you might consider hiring Brett M. Rosen for your Xanax charge:

1. Experience: Brett M. Rosen is a seasoned attorney with positive reviews and has handled numerous cases.
2. Expertise: He specializes in criminal defense, which includes drug-related charges.
3. Client Satisfaction: Many clients have expressed satisfaction with his services, praising his professionalism, precise understanding of legal options, and dedication.
4. Positive Outcomes: Past clients have reported successful outcomes in their cases.

Contact us today to discuss your Xanax charge here in New Jersey.