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Federal and California laws prohibit the use of forged or altered medical prescriptions to obtain drugs. The Federal Controlled Substances Act – 21 USC 843 and Health and Safety Code 11368 and Business and Professions Code 4324 BP are the relevant federal and California statutes, respectively. In comparison, a violation of the Health and Safety Code 11368 is a more serious state crime.
Forging a prescription is the act of altering a written or printed document or instrument with the intention to deceive. Under California state law, proving the intent means determining whether the altered document could deceive an individual or cause them financial harm. If you are charged with forging a prescription in Los Angeles, you can seek help from an experienced criminal defense attorney to protect your legal rights and find the possible outcome for your case.
Business and Professions Code 4324 BP makes it illegal to forge a prescription for drugs or to have obtained drugs using a forged prescription. Additionally, prescriptions also include phone calls made to pharmacies from individuals posing as healthcare professionals authorized to prescribe drugs. The statute covers a wide range of prescription-related crimes such as stealing pads from healthcare providers and changing legitimate prescriptions to increase the amount of medication prescribed. The District Attorney can charge misdemeanors or felonies for Business and Professions Code 4324 BP violations with the discretion to decide which one.
On the other hand, California Health and Safety Code 11368 pertains to prescription forgery for the purpose of obtaining narcotics such as opiates. It also prohibits possessing narcotic substances obtained using forged prescriptions. Similar to Business and Professions Code 4324 BP, violations of California Health and Safety Code 11368 can also lead to a misdemeanor or felony charge.
The decision to charge misdemeanor or felony violations of both codes depends on several factors such as the perpetrator’s past criminal record and what the forged drugs are used for. In some instances, filing felony charges serves to persuade the accused to plead guilty to a misdemeanor charge.
Legal defenses can dispute charges brought under Business and Professions Code 4324 BP or California Health and Safety Code 11368. Possessing a forged prescription is not a violation of these two codes as it only becomes a crime when there is an attempt to use it. If you did not know that the prescription you used was fake, you can contest charges against you. Additionally, if the drugs were found while violating California’s search-and-seizure laws, you may have legal grounds to dispute charges.
If you are not a US citizen, law enforcement officials must inform US Immigration and Customs Enforcement when you are arrested pursuant to this statute. Therefore, it is recommended to seek help from a criminal defense lawyer with experience handling drug-related crimes. They can explain your options and defend you against charges brought under Business and Professions Code 4324 BP or California Health and Safety Code 11368.
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