My law firm frequently represents clients charged with illegal possession of prescription drugs including Adderall, Vicodin, Percocet, Xanex, and OxyContin. Here is some important information regarding Adderall and criminal charges relating to same.
Adderall is a prescription medication amphetamine used to treat Attention Deficit Hyperactivity Disorder (ADHD) and Narcolepsy. Similar to other stimulant prescription drugs, adderall is considered to have high abuse potential and is labeled a Schedule II narcotic by the United States Drug Enforcement Administration (DEA). Ritalin is a similar medication to Adderall and is used to help people focus and, for many college students, study for exams, etc. Adderall is widely used as a “study drug” at many colleges and universities due to the medications’ reported ability to focus energy and concentration at a much higher level than normal. This allows students to stay awake, focus, and study. However, as with most medications, abuse is an issue and this drug is considered a controlled dangerous substance (CDS) under New Jersey law. As a result, possession of this drug without a valid prescription is a criminal offense in New Jersey.
Some of the charges related to illegal possession and/or distribution of Adderall include the following:
- Prescription forgery – This is typically a third degree charge which is punishable by three (3) to five (5) years in New Jersey State Prison.
- Possession of Adderall – Possession of a prescription legend drug without a valid prescription is graded based upon the amount of pills (or units) in your possession. Possession of four (4) pills or less is a disorderly persons offense in New Jersey. Possession of between five (5) and one hundred (100) pills is a third degree indictable offense. Possession or more than one hundred (100) units without a valid prescription is a second degree criminal offense which includes between (5) and ten (10) years in prison if convicted.
- Under the influence of Adderall – It is a disorderly persons offense to be under the influence of a controlled dangerous substance (CDS) without a valid prescription.
I am ready and able to assist you with your prescription drug charges. It is important to examine the validity of the search if the search was conducted without a warrant. There are several exceptions to the warrant requirement in New Jersey such as search incident to arrest, plain view, and consent but it is imperative that an experienced criminal defense lawyer examine your charges and the search relating to same to determine whether or not the search was valid. If the search was illegal or unconstitutional, then the entire case can be thrown out based on a Motion to Suppress the illegally seized evidence. Moreover, even if the case is valid, you may be eligible for a diversionary program such as Pre-Trial Intervention (PTI) or a conditional discharge.