Summary
In New Jersey, possession charges can arise from constructive possession, where you have knowledge and control over the drugs, even if they arent physically on you. Non-narcotic prescription drugs are considered controlled substances if not prescribed to you. Penalties can include fines up to $10,000 and up to 5 years in prison. Consult a local attorney for specific advice.Full Conversation
I was pulled over in Nj driving my girlfriend's car, she had a bottle of non narcotic muscle relaxers with out a prescription. The cop found them in her purse and she said that i gave them to her. Now im getting charged with possession of a controlled substance and they are not a controlled substance and this arrest was 5 years ago.
Hello Cheyne,
In New Jersey, it's illegal to possess prescription drugs without a valid prescription. It's also considered a crime to distribute them. However, the fact that the arrest was 5 years ago may influence the case due to statutes of limitations. You should consult a local attorney for more specific advice.
If they were found in her purse, how can they charge me with possession
In New Jersey, possession charges can stem from constructive possession, where you have knowledge of the drugs and the ability to control them, even if they aren't physically on you. Since she stated you gave them to her, it implies your knowledge and control.
Why are they charging me with a controlled substance if they are non narcotic
Even non-narcotic prescription drugs are considered controlled substances under New Jersey law if they are not prescribed to you. This includes muscle relaxers. The fact that they were in your girlfriend's purse, and she said you gave them to her, is likely why you're being charged.
What could be the penalty for these charges
In New Jersey, penalties for such offenses can include:
- A fine up to $*,*
- Up to 5 years in prison
These can vary depending on your case's specifics, so it's best to consult a local attorney.