Doctors give prescription drugs to people undergoing treatment. Strict rules govern the practice of drug prescription. Authorized medical experts are the only individuals allowed to prescribe medicines. Many medications that pharmacists sell require prescriptions. The stringent laws imposed on the practice of drug prescription aim at combating drug abuse and addiction. The laws prohibit possessing drugs without valid prescriptions with the intent to use, distribute, or traffic them. In addition, you will face charges if you obtain medication through a forged or false prescription. If you face accusations of forging or altering a drug prescription, seek expert legal advice and guidance. Pasadena Criminal Attorney has a team of attorneys experienced in defending white-collar crimes. We can help you fight your charges.
Forging Or Altering A Prescription Under California Law
It is a crime under Health & Safety Code 11368 HSC for any person to do the following:
- To issue, forge, alter, or utter an altered narcotic prescription.
- Issue or utter prescription of a narcotic drug bearing an altered, fictitious, or forged signature.
- Possess or obtain a narcotic drug due to an altered, fictitious, or forged prescription.
According to HSC 11019, narcotic drugs include the following medicines:
- Cocaine and cocaine leaf derivatives.
- Opiates, and
- Other addictive drugs.
''Prescription'' is defined under HSC 11027 as an order for a controlled drug that the prescriber gives to the furnisher or patient in writing, by electronic transmission, or orally.
Under the law, you could ‘’utter’’ a prescription in the following ways:
- Representing through your behavior or words that a drug is genuine.
- When you try to use or use an altered or forged prescription.
On the other hand, the law defines ‘’possession’’ in two ways:
- Actual, and
- Constructive.
Generally, two or more individuals could actually or constructively possess a prescription drug simultaneously. This act is often called ''joint'' possession.
Actual Possession
"Actual" possession of a prescription drug means that you have immediate access to, touching, or holding it. This could also mean the drug is in something you are wearing, holding, or on your body.
Constructive Possession
‘’Constructive’’ possession of a prescription drug means you have the right to control it even if you cannot access it immediately. It could be in your vehicle, house, office, or even in the care of another person. Constructive possession also means having control of a narcotic drug through someone else, commonly known as an ''agent''. However, you do not have control over a narcotic drug by merely accepting to buy it. You or another person acting on your behalf must exert the right to control or take possession of it in some other way.
Joint Possession
Two or more individuals could have actual or constructive joint possession of a drug.
Elements Of The Offense Under HSC 11368
The prosecutor must prove certain elements to accuse you of forging a drug prescription:
Forging, Altering, Or Using A Forged Prescription
If the prosecutor accuses you of violating HSC 11368, the law requires that he/she proves the following elements:
- You forged, altered, used, or gave another person an altered or forged prescription.
- You gave a narcotic prescription.
- You were aware that another person altered or forged the prescription.
Possessing Narcotics Obtained Through A False Prescription
If the prosecutor accuses you of possessing narcotics obtained through false prescription, he/she must prove that:
- You possessed or obtained narcotics.
- You were aware of the narcotics’ presence.
- You were aware of the drug's nature or characteristics as narcotics.
- The number of narcotics was usable.
- The drug was obtained through a fictitious, forged, or altered prescription.
- You were aware that the drug was obtained through a forged prescription.
If a drug is sufficient to be used by another person as a drug, then it is said to be in a ''usable amount''. The drug does not have to be sufficient to make you high. You also do not have to know the exact identity of the medication you possess or its functions to face charges. You only need to know that it was a narcotic of some kind.
Having Knowledge
If the prosecutor accuses you of having known about the prescription drugs, HSC 11368 requires that he/she proves the accusation by:
- Providing the statements or admissions that you gave to the police.
- Providing the statements that you gave other people.
- Providing evidence of previous similar offenses.
- Providing circumstantial evidence.
Penalties For Forging/Altering A Prescription
Prosecutors often charge a violation of HSC 11368 as a wobbler. You could face misdemeanor or felony charges. If the prosecutor charges you with a misdemeanor, you could face the following penalties:
- Summary or misdemeanor probation.
- A fine that does not exceed $1,000.
- A jail term of six months to one year in a county jail.
If the prosecutor charges you with a felony, you could face the following penalties:
- Formal or felony probation.
- A jail term of sixteen months, two, or three years in a state prison.
If the court grants you probation, you could serve a short or no jail term. However, you could be under certain conditions for three to five years. The conditions include the following:
- The requirement is that you do not break other laws or use drugs.
- For felony probation, you will be required to meet with the probation officer.
- Community work or services like Caltrans roadside work.
- Payment of a fine.
- Attending a drug treatment program or counseling.
The judge could send you back to prison to complete your jail term if you fail to adhere to the above conditions.
Federal Statutes And Prescriptions For Narcotic Drugs
It is a crime under the Federal Controlled Substances Act, 21 USC 843(a)(3), for any person to acquire or gain possession of a controlled drug in the following ways:
- Subterfuge.
- Deception.
- Forgery.
- Fraud.
- Misrepresentation.
The federal authorities often leave minor drug statute violations to local law enforcement agencies to enforce. However, federal authorities always go after the following individuals:
- People who deal with large quantities of drugs obtained through forged prescriptions.
- Pharmacists who write large numbers of false prescriptions.
A violation of 21 USC 843 is often prosecuted as a felony. A first offense attracts a jail term that does not exceed four years in federal prison. You could face the following penalties for subsequent violations:
- A fine that does not exceed $250,000.
- A jail term that does not exceed eight years in federal prison.
Immigration And Narcotic Drug Crimes
The police will notify Immigration and Customs Enforcement if the following happens:
- After arresting you for violating HSC 11368.
- If they believe you are a non-citizen engaging in forging or altering a prescription.
You could be deported even for attempting to violate a statute relating to a narcotic. Therefore, you should seek the services of a skilled attorney if you are an undocumented immigrant facing charges under HSC 11368.
Defenses To Forging or Altering Prescription Charges
Defending against criminal charges under HSC 11368 is often fact specific. It depends on the allegations against you. Examples of the fact-specific defenses you could present to challenge your charges include the following:
You Did Not Sign The Prescription
The prosecutor must prove that you did sign the drug prescription. However, the court could dismiss the charges against you if you convince the jury or judge that there is no way you could have signed the prescription.
You Had The Legal Authority To Sign
If you had the legal authority to sign the prescription, the prosecutor could not charge you with forging or altering a prescription. For example, you could be the physician's assistant, and he/she allows you to sign the patient's prescription. In this case, the court could drop the charges against you.
You Had No Knowledge That You Had No Authority To Sign
You could claim you knew you did not have the authority to sign the prescription. When presenting this defense, your attorney must prove that you did not think you had no legal authority to sign the alleged prescription. Your attorney could provide any evidence of previous prescriptions you legally signed to demonstrate that you were unaware you had no authority to sign.
You Did Not Forge or Alter The Prescription
This defense could be valid if you did not forge or alter the alleged prescription in any way. However, perhaps it was a case of mistaken identity, or another person falsely accused you of doing so.
You Did Not Use A Forged Prescription
If you face charges for using an altered or forged drug prescription, you could present this defense and show that you did not present an altered or forged prescription. However, the court could still charge you for forging or altering a drug prescription even if you do not use it.
You Knew That The Drug Prescription Was Either Altered Or Forged
This defense could be valid if you provide substantial evidence showing that you were unaware that the prescription you used was altered or forged. The court could drop the charges against you if the prosecutor fails to show that you knew the prescription you presented was forged. For example, perhaps your relative sent you to the drugstore with an altered or forged prescription. But, if you had been charged previously with a similar offense, it would be hard to challenge these charges.
You Are A Victim Of Illegal Search And Seizure
You could have altered or forged a prescription, but the police discovered the crime through an illegal search and seizure. Your attorney could bring a motion to suppress the prosecution's evidence. If the motion is granted, the judge may dismiss any evidence obtained through an illegal search. The prosecutor could bargain for probation instead of a jail term. The court could even drop the charges entirely.
You Are Addicted To Prescription Medication
You can convince the judge to grant you probation instead of serving a jail term if you are addicted to prescription medication. You could do so by presenting medical testimony proving you are addicted. If the court grants you probation, you must attend a compulsory drug counseling program and undergo rehabilitation. You will also be subject to warrantless searches, and if you fail to adhere to the probation conditions, the court could cancel the probation and reinstate your penalties.
Related Offenses
Some of the crimes charged alongside HSC 11368 include:
Business and Professions Code 4324
Under BP 4324, it is a crime to forge, publish, falsely alter, utter, or attempt to pass as authentic a drug prescription. It is also a crime under BP 4324 to sign someone else's name on a prescription for medication or possess drugs obtained through an altered or forged prescription.
Examples of the acts under BP 4324 include:
- Add another zero to ten, so the prescription reads 100 tables after your doctor writes you a ten-tablet Oxycontin prescription.
- Pausing as a doctor, you call a pharmacy to supply you with a Vicodin prescription.
- Stealing your doctor’s prescription pad and writing a fentanyl prescription for your friend, then signing the doctor’s name.
Generally, prosecutors usually prosecute a violation of BP 4324 as a wobbler. You could therefore face misdemeanor or felony charges, depending on the facts surrounding your charges and your criminal history. You could face a jail term that does not exceed one year in county jail if the prosecutor charges you with a misdemeanor. You could also face a fine that does not exceed one thousand dollars.
On the other hand, you could face a jail term of 16 months, two years, or three years in state prison if the prosecutor charges you with a felony. You could also face a fine that does not exceed $10,000.
Alternatively, the judge could suspend your prison or jail term and sentence you to summary or felony probation. If the judge sentences you to probation, you will serve little or no jail term. You will be on probation for some years, usually three years, but the probation could sometimes last five years. The conditions of probation include the following:
- Paying a fine.
- Avoiding committing any other additional crime.
- Engaging in community service or labor, including Caltrans roadside repair.
- Drug counseling.
- Impromptu drug testing.
- Warrantless searches of your person or property.
You could also consider a pre-trial diversion program before going to trial. This could make the judge change their mind regarding the judgment for the charges you face. Two types of diversion programs are available: misdemeanor and mental health. If you enroll in this program, you will specifically engage in drug diversion.
Misdemeanor diversion can help a first-time offender be acquitted of the charges and penalties if he/she completes probation and a drug rehab course. Your attorney can negotiate with the court to enroll you in rehab programs before trial. Once you complete the rehab programs, the court could drop the charges against you.
Prescribing Controlled Substances To An Addict — HSC 11156
It is an offense under HSC 11156 for medical experts to prescribe, administer, or dispense controlled substances to a drug addict. If the prosecutor accuses you of violating HSC 11156, he/she must prove the following elements:
- You dispensed, administered, or prescribed a controlled drug.
- You prescribed the medication to a person who claims or is known to be an addict.
Typically, an addict is a person who tends to crave a controlled drug together with one or more of the following:
- Continued use of drugs despite the effects.
- Compulsive use of drugs.
- Impaired control over drug use.
Examples of criminal acts under HSC 11156 include:
- Prescribing Oxycontin to a person addicted to opiates.
- Signing a codeine prescription to a narcotic addict.
- Prescribing meth to a person addicted to stimulants.
A violation of HSC 11156 is often prosecuted as a wobbler. The prosecutor could treat the crime as a misdemeanor or a felony. If the prosecutor charges you with a misdemeanor, you could face the following penalties:
- A fine that does not exceed $20,000.
- A jail term that does not exceed one year in a county jail.
- Summary or misdemeanor probation.
If the prosecutor charges you with a felony, you could face the following charges:
- A fine that does not exceed $20,000.
- A jail term that does not exceed three years in state prison.
- Formal or felony probation.
Additionally, healthcare workers and medical experts could face professional discipline, including a medical license suspension.
However, you could fight the charges under HSC 11156 as follows:
- It was a case of police entrapment.
- The person that you sold the drug to was not an addict.
- You are a victim of mistaken identity.
Doctor Shopping Or Prescription Fraud — HSC 11173
It is an offense under HSC 11173 for any person to use fraud or deception to obtain or try to obtain a controlled drug using a prescription. Prescription drugs that are usually involved in prescription fraud cases include:
- Valium.
- Xanax.
- Oxycodone.
- Hydrocodone.
The crime of doctor shopping or prescription fraud is often charged as a wobbler. You could face misdemeanor or felony charges. If the prosecutor charges you with a misdemeanor, you could face the following penalties:
- A fine that does not exceed $1,000.
- A jail term that does not exceed one year in a county jail.
If the prosecutor charges you with a felony, you could face the following penalties:
- A fine that does not exceed $20,000.
- A jail term that does not exceed three years in a county jail.
Some of the defenses you could present to fight HSC 11173 charges include the following:
- You confessed to the crime due to coercion.
- It was an entrapment.
- You did not commit fraud.
Possession Of A Controlled Substance — HSC 11350
It is an offense under HSC 11350 (a) for anyone to possess a controlled substance unlawfully. If you face allegations of unlawfully possessing a controlled substance, this statute requires the prosecutor to prove the following elements:
- First, you possess a drug that is categorized as controlled.
- Second, you engaged in the act without a prescription for the medication.
- Third, you knew of the drug’s presence.
- Fourth, you know the drug's nature as a controlled substance.
- Finally, the drug was in a usable amount.
Controlled drugs covered under HSC 11350 include:
- Lsd.
- Cocaine.
- Valium.
- Codeine.
- Hydrocodone.
According to drug sentencing guidelines, simple drug possession cases are misdemeanors. Therefore, the court could impose the following penalties on you:
- A fine that does not exceed $1,000.
- A jail term that does not exceed one year in a county jail.
However, certain factors could force the prosecutor to prosecute a violation of HSC 11350 as a felony. One of the factors includes a previous charge for a sex offense or a serious felony. A felony charge attracts a jail term that does not exceed three years in a county jail.
In other instances of illegal possession, you could be eligible for a drug court or drug diversion program.
If you are sentenced under HSC 11350, you could face negative consequences for your gun rights. Under California law, it is a crime for a charged felon to possess or acquire a gun. You could also face immigration consequences if the prosecutor prosecutes you for possessing a controlled substance. According to immigration statutes, certain kinds of criminal sentences could lead to the deportation of non-citizens. Some sentences could also make the authorities declare you inadmissible in the United States. Certain drug crimes fall under the category of inadmissible or deportable offenses.
If the prosecutor charges you under HSC 11350, you can apply for an expungement of your charges. Penal Code 1203.4 frees you from all possible punishment and disabilities arising from your sentence. This statute authorizes an expungement for misdemeanor and felony charges provided:
- You are currently not facing any criminal charge, probation, or serving a jail term.
- You have completed misdemeanor or felony probation.
Find a Criminal Defense Near Me
When the police arrest and charge you with forging or altering a prescription, you could face severe consequences. Often, a criminal charge can affect your employment prospects and lead to stigmatization in society. You should talk to an experienced criminal defense attorney for the best outcome. Our attorneys at the Pasadena Criminal Attorney will examine your case and create the appropriate defenses to fight your charges. Call us at 626-689-2277 to talk to one of our attorneys.
