Definition of the Crime
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Being addicted to prescription drugs is a serious problem that can ruin lives and even kill people. Many drug addicts will do whatever they can to obtain prescription drugs. Sometimes this involves creating a counterfeit prescription pad in order to trick a pharmacist into filling prescriptions for controlled substances. The California state legislature has implemented legislation which makes counterfeiting a prescription pad punishable by felony charges. The legislation is specified in California Health and Safety Code Section 11162.5 HSC.
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In order to convict a defendant, a prosecutor must prove the following circumstances were at play:
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- The defendant created a counterfeit prescription blank and attempted to pass it off as an official prescription blank which had been issued by a licensed medical practitioner with authority to write prescriptions
- Alternatively, the defendant was knowledgeable and willful regarding the possession of one or more counterfeit prescription blanks
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Examples
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A man is struggling with an Oxycontin addiction. He wants an easier way of obtaining prescriptions for the controlled drug. Rather than seeking a new prescription from a legitimate doctor, he replicates his doctor’s prescription pad by using his computer. Then he prints numerous copies of the pad. He writes false prescriptions on the fake blanks and attempts to fill them at a number of local pharmacies. This man can be criminally charged with the production of counterfeit prescription blanks.
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A man has an appointment for his yearly physical. When the physician exits the room, the man realizes that the prescription pad has been left in the open. The patient takes a few of the prescription pages and hides them. Later, he writes a number of prescriptions with the stolen pages and attempts to pretend they are authentic at his pharmacy. He would not technically be criminally liable under this particular statute because he used legitimate prescription blanks rather than counterfeiting a prescription pad. That said, he could be criminally charged with the forgery of a narcotic prescription.
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Defenses to Counterfeiting a Prescription Blank or Blanks
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In some circumstances, the defendant might possess a counterfeit prescription blank or several blanks that were given to them by another person. In this case, the other person would be at fault for the creation and distribution of the counterfeit prescription blanks. If the defendant had no reason that they would know the pads were counterfeit, they would not be guilty of this particular offense in a criminal trial. However, in instances where the defendant knowingly possessed counterfeit prescription blanks, they would be guilty of this offense regardless of whether or not they attempted to fill a false prescription.
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