Under California Business and Professions Code Section 4324 it is illegal to forge or alter a prescription, or possess drugs acquired through a false prescription.
It is a crime in California to forge a prescription or make an attempt to gain possession of prescription drugs. However, in case a person actually got medication as a result of forging a prescription, he will be also liable under Business & Professions Code Section 4324(b). A person can be convicted of both offenses i.e. forging the prescription and obtaining the medication through false prescription.
The prosecution must prove the following elements to convict the defendant of forging or altering a prescription:
Prescription forgery is the use of a falsified prescription for purchasing drugs illegally. Forging or altering a prescription is making, publishing, uttering, passing, or attempting to pass a prescription for drugs or possessing drugs acquired by a false prescription. Attempting to transfer another person a falsified prescription, even if you didn’t actually write it, is also a crime.
Prescription is an instruction to provide drugs, either by phone, through writing, or through electronic communications (i.e., facsimile). Generally, a valid prescription must include the following information:
The term “drug” under California Business and Professions Code Section 4025 include:
The defendant is guilty of falsely uttering a prescription in situations where the defendant:
Some common defenses to charges related to forged prescriptions
Business and Professions Code section 4324 forging or altering a prescription is considered a “wobbler offense”. As such, the offense can be charged as either a misdemeanor or a felony, depending on the defendant’s criminal history, as well as other factors.
Penalties for misdemeanor Business and Professions Code 4324 conviction include:
Penalties for felony Business and Professions Code 4324 conviction include:
Furthermore, additional penalties a defendant can face include the following:
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