Forging or altering a prescription is defined under Health and Safety Code 11368 HS as any act that changes, adds to, deletes from, or in any other way alters a prescription document. It is illegal to forge a prescription for controlled substances such as narcotics, benzodiazepines, and other drugs that can cause dependency and addiction. It is also illegal to forge a prescription for any medication, including medication prescribed for legitimate medical purposes.
If you or your loved one has been accused of altering or forging a prescription in Santa Ana, you can contact Darwish Law for assistance. We are a team of experienced lawyers specializing in white-collar crime cases, and we understand the legal complexities associated with these types of offenses. We will work with you to help you understand your legal options and develop a defense strategy that best suits your case.
What is Forging a Prescription?
Forging a prescription is defined as the knowing and intentional alteration, counterfeiting, or imitation of a prescription form to procure dangerous drugs or controlled substances. This crime is considered a wobbler, which means it can either be convicted as a misdemeanor or a felony, based on the specific case and the defendant’s criminal history.
Under California Health and Safety Code 11368, it is a crime to “forge, alter, or counterfeit, or attempt to forge, alter, or counterfeit, or possess any prescription form with an intent to forge, alter, or counterfeit the same.”
A prescription form is defined as any document containing:
- The name and address of the patient.
- The patient’s age.
- The name of the prescribing physician or another authorized practitioner.
- The date of the prescription.
- The name and quantity of the drug prescribed.
- The using directions.
What are the Elements of Forging a Prescription?
For a defendant to be convicted for forging a prescription in California, the prosecutor needs to prove beyond reasonable doubt that:
The Defendant Altered or Forged a Prescription
Forging a prescription is a serious crime in California and can be punishable by up to three years in prison and/or a fine of up to $20,000. It is illegal to forge or alter a prescription with the intent to commit fraud or to obtain a controlled substance, such as a narcotic or opioid.
Under this law, a prescription can be forged or altered in three ways:
- By making a false statement or representation as to the prescription.
- By making a false statement or representation as to the contents of the prescription; or
- By making a false statement or representation as to the quantity of the controlled substance.
The Defendant Intended to Commit Fraud or to Obtain a Controlled Substance
The prosecution has to show that the defendant intended to commit fraud or to obtain a controlled substance with the forged prescription. This means that the defendant must have had the intent to obtain a controlled substance or an illegal substance, such as an opioid, using the forged or altered prescription.
The Defendant Knew of the Contents of the Forged Prescription
The prosecution must also show that the defendant was aware of the contents of the forged prescription. This means that the defendant must have known that the prescription contained a controlled substance or an illegal substance, such as an opioid. The defendant must also have had knowledge of the quantity of the substance in the prescription.
Penalties for Forging Prescription
The California Health and Safety Code 11368 HS makes it illegal to forge or alter a prescription for a controlled drug. This includes forging a prescription for a Schedule II, III, IV, or V controlled substance.
Under California law, forging or altering a prescription can result in a felony or misdemeanor conviction. A misdemeanor charge can result in imprisonment for one year and/or fines of $1,000. A felony charge can result in imprisonment for two, three, or four years and/or fines of $10,000.
In addition, a person convicted of forging a prescription may be required to register as a narcotics offender.
If a person is charged with forging a prescription for a Schedule II controlled substance, the court may also require the individual to participate in a drug treatment program. This program may include counseling, educational classes, or other forms of treatment.
The court may also require the individual to submit to random drug tests. In addition to criminal penalties, a person convicted of forging or altering a prescription may also face civil penalties. These penalties can include a suspension or revocation of the individual’s pharmacy license, a suspension or revocation of the individual’s medical license, or the imposition of civil fines.
If a person is convicted of forging a prescription, the court may also order restitution. Restitution is a court order that requires the individual to pay back any money they received as a result of the offense. For example, if the individual sold the forged prescription to someone, they may be required to pay back the money they received.
Federal Laws
The Federal Controlled Substances Act – 21 USC 843 (a) (3) is the primary federal law that makes it illegal to forge or alter a prescription. It states that it is illegal for any person to knowingly or intentionally make or possess a counterfeit, forged, altered, or otherwise falsified prescription for a controlled substance. This law applies to everyone, including medical professionals, patients, and pharmacists. It applies to all forms of prescriptions, including written, electronic, and verbal prescriptions. It is important to note that this law applies to all controlled substances, including narcotics, stimulants, depressants, hallucinogens, and anabolic steroids.
Violating the Federal Controlled Substances Act can result in criminal penalties. Depending on the circumstances, an individual could face up to four years in prison and a maximum fine of $250,000. In addition to criminal penalties, individuals may face civil penalties, which can include fines and the suspension or revocation of professional licenses. For medical professionals, the penalties can be more severe. In addition to the criminal and civil penalties, medical professionals may also face disciplinary action from the state medical board, including the suspension or revocation of their medical license.
Diversion Programs for Forging a Prescription
A diversion program is a type of alternative sentencing that allows an offender to avoid criminal prosecution and instead complete a rehabilitation program. These programs are designed to educate individuals and help them overcome the substance abuse issues that may have caused them to commit the crime in the first place. Diversion programs are mainly offered to those who have no prior criminal record and have been accused of nonviolent offenses.
In California, those accused of forging a prescription may be eligible for a diversion program. However, to be eligible for a diversion program, the accused must meet certain criteria. For example, the accused must not have any prior convictions, must not be a repeat offender, and must not have any violence-related charges. Additionally, the accused must be willing to cooperate with their probation officer and attend all required meetings.
Once the accused is accepted into a diversion program, they must attend classes and counseling sessions that focus on substance abuse and addiction. They may also be asked to perform community service, pass drug tests, and make regular court appearances. Additionally, they may be subjected to a search of their person and/or residence by law enforcement.
Upon successful completion of the diversion program, the accused will typically have their criminal charges dismissed and be released from probation. However, if the accused fails to complete the program, they may face criminal prosecution and be sentenced to jail and/or fines.
Defenses to Fight Forging a Prescription Charge
The commonly used legal defense against forging or altering a prescription is that the accused was unaware that the prescription had been forged. This defense is often used when someone has unknowingly taken a forged or altered prescription that was prescribed to someone else. For example, if a person was given a painkiller prescription by a friend or family member, and the prescription was forged or altered, the person could defend themselves by claiming that they were unaware that the prescription was not valid.
Another legal defense to forging or altering a prescription is that the accused had a valid medical need for the medication. This defense is often used in cases where a person was using a forged prescription to obtain medication for a legitimate medical need. For example, if a person was using a forged prescription to obtain a necessary medication for a mental health condition, they could defend themselves by claiming that it was a valid medical need.
The third legal defense to forging or altering a prescription is that the accused acted in good faith/ was unaware. This defense is used when the person had a reasonable belief that the prescription was valid and was not aware that it had been forged or altered. For example, if a person was given a prescription for a painkiller by a doctor, and later revealed that it was forged, the person could defend themselves by claiming that they had a reasonable belief that it was a valid prescription.
Another defense to forging or altering a prescription is that the accused was acting under duress. This defense is used when a person was forced or coerced into using a forged or altered prescription. For example, if a person was threatened with violence or some other form of harm if they did not use a forged prescription, they could defend themselves by claiming that they were acting under duress.
Related Offenses
Below are common offenses that are charged along or together with forging a prescription.
Prescription Fraud/ Doctor Shopping (11173 HS)
California Health and Safety Code 11173 HS makes it illegal to “doctor shop” or commit prescription fraud. This code applies to anyone who knowingly obtains, or attempts to obtain, a prescription for a controlled substance by fraud, deceit, or misrepresentation, or by making false statements.
Doctor shopping can occur when a person visits multiple doctors to receive multiple prescriptions for the same controlled substance. This practice is a form of prescription drug abuse and is illegal under California law. It is also a federal crime to obtain controlled substances by fraud, deceit, or misrepresentation.
Under this Health & Safety Code, a person can be charged with doctor shopping if they:
- Knowingly obtain or attempt to get a prescription for a substance that is controlled by fraud, deceit, or misrepresentation.
- Make a false statement to obtain a prescription for a controlled substance.
- Use an alias or assumed name to obtain a prescription for a controlled substance.
- Forge or alter a prescription for an illegal substance.
- Alter a controlled drug prescription without the prescriber’s permission.
- Obtain controlled substance prescription from a practitioner who is not authorized to write prescriptions.
- Utilize multiple pharmacies to obtain a controlled substance.
- Utilize multiple prescribers to obtain a controlled substance.
- Possess or distribute a forged prescription.
This offense is a “wobbler” offense, meaning that it can be charged as either a felony or misdemeanor depending on the circumstances of the case and the defendant’s criminal history. A misdemeanor charge can result in a one-year jail term and fines of $1,000. A felony charge can result in 16 months to 3 years imprisonment and fines of up to $10,000.
Prescribing Controlled Substances to an Addict (11156 HS)
Under California Health and Safety Code 11156 HS, any physician or healthcare provider who knowingly prescribes a controlled drug to an addict is guilty of a misdemeanor. The penalties for violating this Code 11156 HS include fines of $10,000 and/or up to one year in jail. Additionally, a physician or healthcare provider who is found guilty of this offense may have their professional license suspended or revoked.
For a conviction to be obtained under California Health & Safety Code 11156 HS, the prosecution must prove that the physician or healthcare provider:
- prescribed a controlled substance.
- knew that the patient was an addict; and
- knowingly prescribed the controlled substance to the addict.
Controlled substances are regulated by the U.S. Drug Enforcement Agency (DEA). The list of these drugs can be found in the Controlled Substances Act (CSA). These drugs are classified into five different schedules depending on their potential for abuse and/or addiction. Schedule I drugs are considered to have the highest potential for abuse, while Schedule V drugs are deemed to have the lowest.
Altering/ Forging a Prescription (4324 BP)
California Business and Professions Code 4324 BP, is a California state law that makes it illegal to alter, forge, or counterfeit any prescription for a controlled drug. Under this law, it is also illegal to falsely make, issue, or possess with the intent to deceive any prescription for any controlled drug.
Depending on the circumstances of the offense, forging/altering a prescription can be charged as either a misdemeanor or a felony. If convicted, a defendant could face up to three years imprisonment, fines of up to $10,000, or both.
To be convicted for this offense, the prosecution must be able to prove beyond a reasonable doubt that the defendant:
- Altered, forged, or counterfeited a prescription.
- Knew that the prescription was for a controlled drug.
- Intended to deceive by doing so.
It is important to note that under this law, a defendant can be charged with a crime even if they did not acquire any of the controlled substances for which the prescription was written. Simply possessing a forged prescription is enough for a conviction.
Possession of a Controlled Substance (11350 HS)
In this case, a controlled substance is defined as a narcotic drug, narcotic preparation, hallucinogenic substance, or stimulant. It also includes any drug, substance, or immediate precursor that is listed in Schedules I, II, III, IV, or V of the California Uniform Controlled Substances Act. This includes common drugs such as heroin, cocaine, methamphetamine, and certain prescription medications, including Vicodin and OxyContin.
To be convicted of violating Health & Safety Code 11350 HS, the prosecution must prove that the accused possessed the controlled substance without a valid prescription and that they knew it was a controlled drug. Being in the presence of a controlled substance, without any proof of possession or knowledge, is not enough to sustain a conviction.
If convicted of misdemeanor possession of a controlled substance, the accused may face one year in county jail and/or a maximum fine of $1,000. If convicted of felony possession of a controlled substance, the accused may face three years in state prison and/or a maximum fine of $10,000.
Find a Criminal Defense Attorney Near Me
The legal consequences of forging or altering a prescription can be serious and long-lasting. If you have been accused of forging a prescription, it is important to contact an experienced criminal defense attorney as soon as possible to begin devising a suitable defense strategy. At Darwish Law, we have experience defending clients accused of forging or altering a prescription and will work to build an effective defense strategy to help you fight your charges. Call us today at 714-887-4810 if you are accused of forging or altering a prescription in Santa Ana.