Prescription Fraud - Health and Safety Code 11173
State and Federal drug crimes do not only refer to illegal drugs. They refer to prescription drugs as well, which the government regulates. Prescription drugs are considered controlled substances, just like methamphetamine, cocaine, or heroin.
In California, any individual can face drug crime criminal charges for unlawful possession, possession for sale, trafficking, manufacturing, or distribution of any prescription drug. This includes Adderall, Percocet, Vicodin, hydrocodone, oxycodone, oxycontin, GHB, valium, ketamine, methadone, Codeine, Xanax, Ritalin, and fentanyl, among many others. Contact our experienced criminal defense lawyers to review your case.
Prescription Fraud and Possible Penalties
Illegal prescription drug fraud has escalated into a grave societal issue. The State of California is making a concerted effort to combat this, particularly in cases of fraud, forgery, and doctor shopping.
Prescription drugs are evolving and have become more powerful and addictive. An individual who has been legally prescribed a drug such as Vicodin or OxyContin can become addicted and begin looking for ways to obtain more. It is illegal for individuals to go doctor shopping, for doctors to illegally prescribe pills, and for prescription drugs to be obtained by fraud.
California laws pertaining to prescription drug crimes include Health and Safety Code 11173, which relates to prescription fraud. It states that nobody shall obtain prescription drugs by fraud, deceit, misrepresentation, or concealment of a material fact. It also prohibits individuals from pretending to be a pharmacist in order to obtain controlled substances. It also makes it illegal to forge prescription labels.
HS 11153 concerns doctors illegally prescribing pills. It states that a prescription for a controlled substance can only be issued for a legitimate medical purpose by a doctor acting in the usual course of their professional practice. Doctors are prohibited from issuing a prescription for illegitimate reasons or unusual circumstances outside the scope of their practice.
The similar crime of “forging or altering a prescription for narcotic drugs” is described under California Health and Safety Code 11368. The crime of counterfeiting a prescription blank is defined under Health & Safety Code 11162.5.
In California, the penalties for prescription drug fraud and doctor shopping are severe and can significantly impact your life. Depending on the circumstances, these cases can be filed as a misdemeanor or felony drug crime, potentially leading to three years in a California state prison or one year in a local county jail.
Prescription drug offenders who are facing misdemeanor charges often have the option to avoid jail time by participating in a drug diversion program. This program allows individuals to receive treatment for their addiction instead of serving a jail sentence. However, individuals facing felony charges have fewer legal options and may need the assistance of an experienced drug defense lawyer.
Retain a Drug Defense Lawyer
In California, possession of a controlled substance, such as a usable amount of heroin, cocaine, or prescription drugs without a valid prescription, is illegal.
Typically, individuals who are facing prescription drug crimes are normal, law-abiding citizens who have put themselves in a situation where they have become seriously addicted to prescription drugs.
These are tragic cases that deserve a compassionate criminal defense attorney who will not only aggressively fight to get unnecessary drug crime charges dropped but also assist the client in getting the help they need to overcome their addiction. A good drug defense lawyer will not only defend you in court but also help you navigate the challenges of addiction recovery.
The Los Angeles criminal defense lawyers at Cron, Israels & Stark have a proven track record of successfully defending numerous clients facing illegal prescription drug cases. We meticulously examine each case's evidence and circumstances to determine the best legal options for our clients.
A conviction for a drug crime can have serious and long-lasting consequences, affecting your personal and professional life for many years. It's crucial not to entrust your future to inexperienced drug defense lawyers who may not have the necessary expertise to develop effective defense strategies against prescription drug crimes.
You can be assured that we will utilize our vast experience and knowledge of drug crime laws to seek a positive outcome in your case. Just call our office for a free and strictly confidential case evaluation.
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