In California, prescription medication dispensing is carefully regulated to prevent abuse. As part of this regulation, the law requires that prescription blanks, which are the forms used by medical professionals to write prescriptions for controlled substances, be printed on security paper approved by the state's Department of Justice.
Counterfeiting a prescription blank in California is not just a crime, it's a serious offense. With prescription drug addiction posing a significant threat to public health in the state, some individuals may resort to making counterfeit prescription pads to obtain their controlled substances. This act is not only illegal but also poses a direct threat to public health and safety.
Under California Health & Safety Code 11162.5 HS, the penalties for counterfeiting prescription blanks are severe. If found guilty, you could face up to 3 years in prison. This law is a 'wobbler,' meaning it can be filed as a misdemeanor or felony, depending on the circumstances.
It's a stark reminder of the serious consequences of this crime. HS 11162.5 specifically makes it a crime to counterfeit prescription blanks (i.e., to create fake prescription forms that imitate official prescription blanks) or be in possession of prescription blanks.
This offense is not the same as forging a prescription (BPC 4324), which means using an official prescription form and forging a physician's name on it, which carries penalties.
Rather, counterfeiting a prescription blank involves duplicating the format, layout, or any identifying features of genuine prescription blanks.
A common example of a Health & Safety Code 11162.5 crime includes a situation where a person has an addiction to Oxycontin and is desperately trying to obtain more to support their habit. So, they come up with a plan to use their own home personal computer in order to make duplicate copies of their own physician's prescription pad.
Next, they take a copy and write themselves fake prescriptions, then attempt to have them filled at a pharmacy. In this example, this person could be charged with HS 11162.5 for producing a counterfeit prescription blank. A closely related California drug crime is Health & Safety Code 11368, forging a prescription for a narcotic drug.
An example of an HS 11368 crime could include a scenario where a person makes a doctor's visit for a physical. While they are being examined, and the doctor becomes distracted, they look over and see there is a prescription pad sitting on the counter and decide to take a few pages off the pad. Later, they prescribe it themselves, sign it, and then attempt to fill it at a pharmacy.
California Business and Professions Code 4323 BPC makes it a misdemeanor offense to make false statements to a pharmacist to obtain a drug.
What Does the Law Say?
California Health and Safety Code 11162.5 HS says, "(a) Every person who counterfeits a prescription blank purporting to be an official prescription blank prepared and issued pursuant to Section 11161.5, or knowingly possesses more than three counterfeited prescription blanks, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for not more than one year.
(b) Every person who knowingly possesses three or fewer counterfeited prescription blanks purporting to be official prescription blanks prepared and issued pursuant to Section 11161.5 shall be guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment."
It's crucial to grasp the legal definitions. Counterfeiting a prescription blank means creating an exact imitation of the prescription blank with the intent to deceive. In the context of HS 1162.5, 'prescription blanks' refer to what a physician uses to authorize prescriptions for controlled substances.
Also, the phrase “prescription blanks” has different names, including a “pad” or “form,” but in the context of HS 1162.5, it means what a physician uses to authorize prescriptions for controlled substances.
What Must Be Proven to Convict?
To convict you of a crime under HS 11162.5, the district attorney must prove the following beyond a reasonable doubt:
- You created one or more counterfeit prescription blanks or
- You were in possession of one or more counterfeit prescription blanks and
- You knew that the prescription blanks were counterfeit.
Notably, you don't necessarily have to write a false prescription or present one to a pharmacist for this code section to apply. Simply having a prescription form that looks like an official one and which you know is not an authentic version can lead to prosecution.
What are the HS 11162.5 Penalties?
Violating HS 11162.5 can lead to severe consequences, with penalties varying depending on the specifics of the alleged offense and how it is charged. It's important to be aware of these potential penalties.
Possession of three or fewer counterfeit prescription blanks is charged as a misdemeanor offense. If convicted, you could face:
- Up to 6 months in county jail and
- Up to $1000 in fines.
Possession of more than three counterfeit prescription blanks or actually creating the counterfeit blanks is a "wobbler" offense. This means it may be charged as a misdemeanor or a felony, carrying the following punishments.
- If charged as a misdemeanor, you could face up to one year in county jail.
- If charged as a felony, you could face 16 months, two years, or three years in state prison.
What are Related Crimes?
- Health & Safety Code 11368 – Forging or altering a prescription. This crime involves forging or altering a prescription, possessing drugs obtained through a forged prescription, or using a forged prescription to obtain drugs.
- Health & Safety Code 11153 – Prescribing controlled substances without a medical purpose is called "prescription fraud."
- Health & Safety Code 11156 – Prescribing controlled substance to an addict. This crime involves prescribing, administering, or dispensing drugs to someone suffering from addiction.
- Health & Safety Code 11173 – Doctor shopping and prescription fraud. This law involves using fraud or deception to obtain drugs without a prescription.
- Business and Professions Code 4323 BPC – Forging or altering a prescription. This crime involves signing someone's name on a prescription or possessing drugs obtained with a forged prescription. It's a misdemeanor crime to make false statements to a pharmacist to get a drug.
- Health & Safety Code 11154(a) HS – Prescribing controlled substance without treatment. This involves prescribing drugs to a patient not under a doctor's care.
- Penal Code 470 PC – Forgery. This involves falsifying a signature or seal or counterfeiting documents with fraudulent intent.
What are the HS 1162.5 Defenses?
Suppose you were charged with counterfeiting a prescription blank as described under Health and Safety Code 11162.5. In that case, our California criminal defense attorneys can use a range of defense strategies in an effort to achieve a favorable outcome. We need to examine all the details in order to decide the most effective approach. Some common defenses include:
- Lack of Intent: Perhaps we can demonstrate that you did not knowingly possess or create counterfeit prescription blanks. For instance, you may have been unaware that the blanks were counterfeit due to deceit by another party.
- Lack of Knowledge: Proving that you were unaware of the counterfeit nature of the prescription blanks. This defense depends on the ability to show that you had no reason to suspect the blanks were not genuine.
- Illegal Search and Seizure: If the counterfeit prescription blanks were obtained through an illegal search or seizure by law enforcement, the defense might file a motion to suppress this evidence. If successful, this could result in the dismissal of the charges if the prosecution's case relies heavily on the improperly obtained evidence.
- Entrapment: Sometimes, we might argue that the defendant was entrapped by law enforcement into committing the crime. Entrapment occurs when law enforcement agents induce a person to commit a crime they would not have otherwise committed. This defense can be particularly effective if it can be shown that you were not predisposed to commit the crime. It might be possible to prove the undercover law enforcement officer acted improperly because they used coercion, harassment, pressure, or threats to persuade you to commit the crime.
If you are accused of California Health and Safety Code 11162.5, counterfeiting a prescription blank to obtain prescription drugs, call our criminal defense lawyers to discuss the details and legal options.
Our defense lawyers have a record of success defending clients against all drug crimes. We will work aggressively to reduce the charges or get the case dropped. It's important to retain our firm early in the process as it can increase the chances of the best possible outcome.
Through our prefiling intervention, we might be able to negotiate with the prosecutor to prevent formal filing or criminal changes. Cron, Israels & Stark is a criminal defense law firm based in Los Angeles, CA.
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