Drug Laws

It isn’t so rare to hear of prescription drug charges in the local courts. From possessing a prescription drug that wasn’t lawfully prescribed to you to forging prescriptions, these offenses seem to becoming more and more prevalent. It is rare, however, that the drugs in question would be life saving drugs for a disease rather than drugs used to get a high or to achieve an altered state.

Just this week, however, a Fairview man admitted he and two others were engaged in trafficking of HIV medication, more than $2 million dollars worth. They were arrested when found in the process of removing labels from about 6,000 bottles in their apartment.

According to NorthJersey.com, the neighbors reported a noxious odor coming from the apartment. The odor was from lighter fluid being used to remove adhesive on the pill bottles–this despite the windows being covered with plastic and attempts at covering the smell.

The men were engaged in obtaining these drugs, prescribed to hundreds of different people, removing the labels and eventually shipping them to the Dominican Republic. It isn’t clear if the D.R. was the pills’ final destination or if perhaps traffickers there sent them on to additional destinations.

Usually criminal prescription drug charges involve narcotics and other addictive mind altering controlled substance. It’s unusual to see HIV medications being illegally trafficked, and quite sad actually.

Regardless, found dealing in illegal prescription drugs can lead to a prison sentence, fines, and forever being labeled a convicted felon. Typically, even possession of a relatively small amount of prescription drugs (not lawfully obtained) is considered a 3^rd degree indictable offense, punishable by up to 5 years in prison.

Sometimes, the means you use to get the prescription drugs in question can bring about another criminal charge altogether. Prescription drug fraud including forging prescriptions, stealing prescription pads, or altering a lawful prescription is an entirely separate offense.

The prescription drug trade is growing at a reportedly alarming rate. Highly addictive and often readily available, prescription drugs seem to be the new drug of choice for many. The response to such a trade is growing proportionately, with more and more cases of prescription drug crimes hitting the media.

If you are facing charges related to illegal prescription drugs in New Jersey, you could be facing years in prison. Contact me today for a free consultation on your case and to get assistance in understanding your options.

A recently released report is touting the success of the decade old New Jersey drug court system. Many have long thought helping drug offenders rather than simply locking them up was the key to reducing recidivism and the new Department of Corrections report seems to support this.

According to A Model for Success: A Report on New Jersey’s Adult Drug Courts, recidivism has fallen quite dramatically over the past ten years among drug offenders. A 2001 report showed a 54{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} re-arrest rate after leaving prison. Now, however, three years after graduation from a N.J. drug court only 16{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} of graduates have been rearrested.

The drug courts don’t just punish someone for violating the law, they help a drug offender gain control of their life and drug habit to ensure it doesn’t happen again. Drug courts aren’t a walk in the park and require real effort and commitment to sobriety by those who are fortunate enough to have their cases handled there.

Participants are closely monitored for compliance and kept within a tightly structured recovery process. The Courts utilize a combination of many resources and actors within the criminal justice system including the judge, defense attorney, probation officers, treatment professionals, and prosecutors all working together for the participant’s success rather than looking out for individual interests.

New Jersey drug offenders may qualify for drug court participation by being ordered to a period of special probation, or by being assessed as having drug or alcohol dependence and having no violent criminal history and posing no danger to the community.

In other words, not every drug crime will be heard in these courts. They are intense and structured but they are beneficial to those who qualify.

If you’re charged with an offense that involved a firearm, you won’t likely be seen in drug court. Likewise if you have a history of domestic violence or even a mutual fight on your record, you could be disqualified.

However, if you are facing drug charges and this is your first offense or you admit to having a problem and needing treatment, you may qualify for drug court. This isn’t just about paying for a crime, it’s about wanting to change your life.

Contact me today if you are facing drug charges and are interested in learning more or are curious about your eligibility. Even if you would rather serve your jail time and move on without going through drug courts—I can help.

As a criminal defense attorney, it’s my job to represent your interests. Contact me today to discuss your case.

Edward Forchion, known as “NJWeedman”, plead not guilty to charges of third-degree possession with the intent to distribute and fourth-degree possession of drug paraphernalia in Burlington County Superior Court. [Read more…] about NJWeedman Pleads Not Guilty to Drug Possession & Distribution

Last year, New Jersey officials collected about 9,500 pounds of medications—prescription and over the counter medications that may have otherwise been sold or used on the black market. This year they hope to surpass that weight with 400 New Jersey towns participating in the sweep. [Read more…] about Prescription Drug Drop-Off (Operation Medicine Cabinet)

Ed Forchion is determined to challenge New Jersey drug laws, and by extension his New Jersey marijuana possession charge on Constitutional grounds. His legal theory is based on a reading of the new medical marijuana law, and believes his criminal charges give him standing to do so in court.

According to phillyburbs.com,  the man called “NJ Weedman”, believes that the drug possession law under which his was arrested may be invalid, since it states that “marijuana has no medicinal value”. Given the new limited medical marijuana use law in NJ, those laws appear to be in conflict.

Forchion now operates a legal marijuana dispensary in California, believes the New Jersey medical marijuana law is unfairly restrictive about the very limited legal uses for marijuana for medicinal purposes. He is a cult hero and activist for marijuana legalization, and is promoting his legal battle at his site njweedman.com.

As we noted before, Mr. Forchion faces serious criminal charges of marijuana possession and distribution, after a traffic stop in Burlington County. If convicted, he could face significant prison time for this indictable (felony level) offense.

The self proclaimed “Weedman” was arrested last week in Mount Holly as he was transporting a suitcase of marijuana is the trunk of his rental car. The man, who has incidentally ran for numerous public offices, is now facing charges of possession and distribution for the pound that was confiscated. [Read more…] about New Jersey “Weedman” Arrested on Possession and Distribution Charges