Getting prescription drugs through fraud is a crime in California
It is no secret that prescription drug abuse is on the rise in this country, including right here in California. This is particularly true when it comes to certain types of medications, such as painkillers and anti-anxiety drugs, like Vicodin and Xanax. These drugs are very addictive and have a high street value, making them an attractive choice for many patients when seeking out drugs from their doctors.
Of course, these medications have legitimate uses for people who are in pain and who suffer from anxiety. However, they also have a tendency to be abused and can readily be sold to others or simply used in excess by the patient who obtained the prescription. This leads some people to try to get as many of these types of drugs as possible from doctors — a phenomenon known as doctor shopping.
Under California law, doctor shopping (prescription fraud) is a crime when a person either obtains or attempts to obtain a prescription for controlled substances through fraud, deceit, misrepresentation or subterfuge, or through the concealment of a material fact. For example, if you went to the doctor and told him that you had pulled something in your back and were having trouble moving around, that would be considered fraud or misrepresentation. If you told him that as a way to try to get a controlled substance, it could be charged as prescription fraud.
There are many ways that people may commit the crime of prescription fraud. A person may have a legitimate medical or health issue that requires the use of painkillers, for example. But in the course of treatment, he or she may become addicted to those drugs, and start seeing multiple providers to obtain as many as possible. By concealing a material fact — that he or she is getting the same drugs from multiple doctors — that person is committing prescription fraud. Similarly, if a person goes to the doctor to get a prescription for a medication with the intent of giving it to another person, that would be considered a form of prescription fraud.
Doctors can also be charged with prescription fraud for writing prescriptions for controlled substances that are not used for legitimate medical purposes, or that are not issued within the course of their usual professional practice. For example, if a doctor gives prescriptions for painkillers without examining patients, it could be a form of prescription fraud (among other potential charges).
Prescription fraud is a wobbler offense under California law, which means that it could be charged as either a misdemeanor or a felony based on the facts of the case and the defendant’s criminal history. If charged as a misdemeanor, it could lead to up to one year in jail. Felony prescription fraud can lead to up to three years in jail.
If you have been charged with prescription fraud, you will need a skilled Los Angeles drug defense lawyer to defend you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
