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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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I purchased a controlled substance for my dad without him

Customer Question

I purchased a controlled substance for my dad without him present. I have a legal prescription. What laws have I broken?
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 4 months ago.

I don't understand. You purchased a prescription medication for which you had a prescription? Is that correct?

Customer: replied 4 months ago.
our MD wrote a legal prescription for a controlled substance for my dad who is 91. When I went to fill the prescription, I was alone. Now, my Doc.wants to speak to me.
Expert:  Dwayne B. replied 4 months ago.

Just to be clear, you were essentially just picking up the prescription for your father, who had a prescription for this medication correct?

Expert:  Dwayne B. replied 4 months ago.

Is that's correct, what medication was it?

Customer: replied 4 months ago.
call me
Expert:  Dwayne B. replied 4 months ago.

If you need an expert to call you have to use the Additional Services button. I assume you received an email from the website and it should direct you on how to ask for a call.

I don't do them but another expert will pick up on the request and make the phone call.

Expert:  Dwayne B. replied 4 months ago.

However, in the meantime, what you did was a violation of N.J.S.A. 2C:35-10.5, which is New Jersey’s Prescription Drug Statute. That law states that it is illegal to carry prescription drugs and other medications without a valid prescription for you.

There is a defense to this, although it is a little shaky. Section g states that this isn't applicable if "a common carrier or messenger when transporting such prescription legend drug or stramonium preparation in the same unbroken package in which the prescription legend drug or stramonium preparation was delivered to him for transportation". You can argue that you are a messenger, since you don't meet the definition of a common carrier, but you really weren't a messenger as that term is meant in the statute. Still, it is a defense.

The actual statute can be seen at http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/35-10.5.html

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.