Q: What's the penalty for having generic viagara in your vehicle in New Jersey

A: The answer depends on the quantity that you're found with but in general even for the smallest quantity the penalty is jail, probation, and loss of your driver's license. If you don't have a prescription don't take it or carry it.

A: Under N.J.S.A. 2C:35-10.5, New Jersey’s Prescription Drug Statute states that it is illegal to carry prescription drugs and other medications without a valid prescription. Also possessing and distributing prescription medication is illegal unless you are a licensed physician, pharmacist, dentist or other practitioner that is authorized by law to prescribe or distribute prescription drugs.

2C:35-10.5 Prescription legend drugs.
 8. Prescription legend drugs.

b. A person who uses any prescription legend drug or stramonium preparation for a purpose other than treatment of sickness or injury as lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person.

c. A defendant may be convicted for a violation of subsection b. if the State proves that the defendant manifested symptoms or reactions caused by the use of prescription legend drugs or stramonium preparation. The State need not prove which specific prescription legend drug or stramonium preparation the defendant used.

d. A person who obtains or attempts to obtain possession of a prescription legend drug or stramonium preparation by forgery or deception is guilty of a crime of the fourth degree. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of Title C of the New Jersey Statutes.

(1) a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person; or

(2) a prescription legend drug or stramonium preparation in an amount of five or more dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the fourth degree.

Criminal Indictable and Disorderly Offense Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6 month maximum

probation 1-2 year max

community service 180 days maximum

Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3

plus mandatory costs, VCCO and other penalties

There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.

Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, plus usual Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.

-Petty Disorderly person - 30 days jail maximum

Petty DP $500 max Fine, VCCB and other penalties

Indictable Crime Penalties [Felony type] [ Superior Court]

Jail potential Fine max Probation

1st degree 10- 20 years $200,000 [presumption of jail]

2nd degree 5-10 years $150,000 [presumption of jail]

3rd degree 3- 5 years $15,000 1 year- 5 year

4th degree 0- 18 months $10,000 1 year- 5 year

There are dozens of other penalties a court can impose, depending on the type of matter.