Dr. John C. ShershowAdult ADHD PsychiatryCall (212) 265-4310
Menu

Key points

  • Federal rule 21 CFR 1306.12(a) prohibits refilling a Schedule II prescription, so replacing lost medication requires a new prescription.
  • N.J.A.C. 13:35-7.6(c) generally limits a Schedule II prescription to a 30-day supply, with multiple prescriptions up to 90 days allowed for physicians.
  • DEA Form 106 is for registrants: under 21 CFR 1301.76(b) they notify the DEA within one business day and file the form within 45 days.
  • New Jersey pharmacies report controlled-substance dispensing to the NJPMP (N.J.S.A. 45:1-45), so any replacement fill is on record.
  • N.J.S.A. 2C:35-24 requires keeping a prescribed controlled substance in its original container, except up to a 10-day supply.

Losing a bottle of stimulant medication, or having it stolen, runs into rules written to stop early and duplicate supplies. Those rules do not contain a clear exception for honest loss. This page sets out what New Jersey and federal rules say as of October 2026, what they leave open, and the steps that give you the fairest hearing. It is general information, not legal advice.

What to do in the first day

  1. Search properly, then write down what happened. Note when and where you last had the medication, roughly how much was left, and the fill date on the label.
  2. If it was stolen, report it to the police and keep the report or case number. No New Jersey rule found for this guide makes a police report a condition of replacement, and none makes it a guarantee. It is still useful documentation.
  3. Contact your prescriber's office promptly. Say plainly what happened, how many days of medication are missing and whether you filed a report.
  4. Call your pharmacy. Ask what it would need to dispense a replacement and whether your plan would pay for it.
  5. Do not borrow anyone else's medication. In New Jersey, possessing a controlled dangerous substance without a valid prescription is a crime of the third degree under N.J.S.A. 2C:35-10. See sharing ADHD medication and New Jersey law.

Why there is no automatic replacement

ADHD stimulants are Schedule II controlled substances, and four rules shape what can happen next.

  • No refills. Federal regulation 21 CFR 1306.12(a) says the refilling of a Schedule II prescription "is prohibited." The pharmacy has nothing on file to dispense again, so a replacement means a new prescription.
  • The prescriber decides. No New Jersey statute or regulation found for this guide obliges a prescriber to replace lost or stolen medication. Under N.J.A.C. 13:45H-7.4, a controlled-substance prescription is valid only if issued for a legitimate medical purpose in the usual course of practice, and the pharmacist who fills it carries a "corresponding responsibility."
  • Supply limits. N.J.A.C. 13:35-7.6(c) generally caps a Schedule II prescription at a 30-day supply. A physician may instead issue multiple prescriptions totaling up to 90 days, each later one marked with the earliest date a pharmacy may fill it.
  • Every fill is recorded. Pharmacies report controlled-substance dispensing to the New Jersey Prescription Monitoring Program (NJPMP) under N.J.S.A. 45:1-45, so a replacement fill appears next to the original one.

The wider framework is explained in New Jersey's rules for ADHD medication.

DEA Form 106 is not a patient form

Online advice sometimes tells patients to "file a DEA 106." That form belongs to DEA registrants, such as pharmacies and practitioners who hold controlled-substance stock. Under 21 CFR 1301.76(b), a registrant must notify the DEA field office in writing of a theft or significant loss within one business day of discovering it and file DEA Form 106 within 45 days. In New Jersey, N.J.A.C. 13:45H-2.4(c) separately requires registrants to notify the state Drug Control Unit of any theft or loss.

SituationWho reports, and where
Your filled bottle is lost or stolen after you take it homeYou. There is no DEA form for patients. A police report is optional documentation, and you tell your prescriber.
Medication goes missing at the pharmacy before you pick it upThe pharmacy, as a registrant: DEA notice and Form 106 under federal rules, and the state Drug Control Unit under N.J.A.C. 13:45H-2.4.
A mail-order package never arrivesContact the dispensing pharmacy at once. Whether the loss counts as the pharmacy's in-transit loss depends on the facts, so ask the pharmacy how it is handling it.

What your prescriber will weigh

The decision belongs to the prescriber, and several things usually bear on it.

  • Prescription monitoring data. New Jersey rules require a prescriber to check the NJPMP when starting controlled-substance treatment (N.J.A.C. 13:35-7.6(b)(5)), and the record shows each fill. How that is used for your situation is covered in the NJPMP and ADHD medication.
  • The risk assessment the FDA label calls for. Since 2023, stimulant labels tell prescribers to assess each patient's risk of misuse and addiction and to educate patients about proper storage and disposal.
  • How the loss happened and whether there is documentation, such as a police report.
  • Timing. A loss near the end of a supply raises fewer questions than a loss just after a fill, because the next prescription is close to its normal date.

Possible outcomes include a replacement prescription, waiting until the regular date, or a conversation about what to do in the meantime. Ask the prescriber what to expect if you go without medication for some days, and do not change how you take it without that conversation.

If you are a telehealth patient located in New Jersey

Under P.L.2026, c.40, effective July 8, 2026, an adult who receives a Schedule II stimulant by telehealth while located in New Jersey needs a contact with the prescriber every three months (in person or by real-time audio and video) and an in-person visit at least once a year. A call about lost medication does not change those requirements, and the prescriber may want a visit before deciding. Ask what form of contact is needed.

Paying for a replacement

Even when a replacement is prescribed, a health plan may decline to pay for a fill it sees as early. Ask the pharmacy whether the claim goes through and what the cash price is before the prescription is sent. If you are on NJ FamilyCare or Medicare, ask the plan directly what its current policy is on replacing lost or stolen controlled substances. No published New Jersey policy on that point was confirmed for this guide.

What to say when you call

  • your name and date of birth
  • the medication and formulation, and the date of your last fill
  • what happened, in one or two sentences, with the date
  • how many days of medication are missing
  • the police report number, if there is one
  • the pharmacy you use
  • a request: "Please let me know what the prescriber can do and whether I need an appointment."

Be accurate. Your account will be read alongside the pharmacy record and the NJPMP history.

Reducing the chance it happens again

  • Keep the original pharmacy container. N.J.S.A. 2C:35-24 says a person may possess a prescribed controlled dangerous substance only in the container it was dispensed in, with an exception for no more than a 10-day supply in another container if you can give an officer the name and address of the prescriber or pharmacist. A violation is a disorderly persons offense.
  • Store it securely and out of sight. The FDA advises storing prescription stimulants securely, out of sight and reach of children.
  • When traveling, keep it in your carry-on. See traveling with ADHD medication.
  • Do not leave it in a car, a gym locker or a shared kitchen. In shared housing, a small lockbox is a reasonable precaution.
  • Know your count. Noticing early that pills are missing matters for safety and for the conversation with your prescriber.

If going without medication leaves you in distress, contact your prescriber. If you are in crisis or thinking about harming yourself, call or text 988.

Questions about your own prescription go to your own prescriber. Dr. Shershow is a psychiatrist who focuses on adult ADHD and is licensed in New York and New Jersey. Adult ADHD treatment describes how medication management works with the practice, and you can contact the office with questions.

Questions

Can my doctor replace stolen ADHD medication in New Jersey?

A prescriber can consider it, but no New Jersey rule found for this guide requires it. A new prescription is needed because Schedule II drugs cannot be refilled, and it must be issued for a legitimate medical purpose. The decision is made case by case.

Do I need a police report to get a replacement?

No New Jersey statute or regulation found for this guide requires one, and none makes a report a guarantee of replacement. A report is still sensible after a theft, and many prescribers will want documentation.

Should I file DEA Form 106?

No. Form 106 is for DEA registrants such as pharmacies and practitioners who lose controlled-substance stock. If medication went missing at the pharmacy before you received it, the pharmacy handles the reporting.

Will insurance pay for replacement medication?

It may not, because a replacement can look like an early fill. Ask the pharmacy to check the claim and give you the cash price before the prescription is sent.

Can I keep a few days of pills in a pill organizer?

N.J.S.A. 2C:35-24 allows no more than a 10-day supply outside the original container, and you must be able to give an officer the prescriber's or pharmacist's name and address. Keep the rest in the pharmacy bottle.

Can I use a family member's medication until mine is replaced?

No. Possessing a controlled dangerous substance without a valid prescription is a third-degree crime in New Jersey under N.J.S.A. 2C:35-10, and giving it away is distribution for the person who hands it over.

Sources

  1. Cornell Legal Information Institute: 21 CFR 1306.12, refilling prescriptions and issuance of multiple prescriptions (Schedule II)
  2. Cornell Legal Information Institute: N.J.A.C. 13:35-7.6, limitations on prescribing controlled dangerous substances
  3. Cornell Legal Information Institute: N.J.A.C. 13:45H-7.4, purpose of issue of prescription
  4. Cornell Legal Information Institute: 21 CFR 1301.76, other security controls for practitioners (theft or loss reporting, DEA Form 106)
  5. Cornell Legal Information Institute: N.J.A.C. 13:45H-2.4, registrant security controls and theft or loss reporting
  6. FindLaw: N.J.S.A. 45:1-45, pharmacy reporting to the prescription monitoring program (current as of January 1, 2024)
  7. FindLaw: N.J.S.A. 2C:35-24, possession of a prescribed controlled dangerous substance outside the original container (current as of January 1, 2024)
  8. FindLaw: N.J.S.A. 2C:35-10, possession of a controlled dangerous substance (current as of January 1, 2024)
  9. New Jersey Legislature: P.L.2026, c.40 (telehealth prescribing of Schedule II stimulants, approved July 8, 2026)
  10. US Food and Drug Administration: FDA updating warnings to improve safe use of prescription stimulants (May 11, 2023)

Questions about ADHD medication in New Jersey?

Dr. Shershow manages ADHD medication when it is appropriate, and the office can explain how visits work for patients located in New Jersey. Call, or leave your number and the office will call you.

Prefer a call back?

Leave your number and the office will call you to talk about scheduling.

No health details needed. Not for emergencies: call or text 988, or call 911.

Request a ConsultCall (212) 265-4310