Laws Against Counterfeit Prescriptions in California

What Are the Penalties for Counterfeiting a Prescription?

Laws Against Counterfeit Prescriptions in California

Prescription drug abuse is a significant problem, and California outlaws counterfeiting a prescription pad or possessing a counterfeit prescription slip. The law applies to all “scheduled” drugs under the federal government’s Controlled Substances Act. Anyone caught with counterfeit prescriptions can face hefty penalties, including fines and jail time. To avoid potential punishment, you should understand what is considered an illegal counterfeit prescription.

What Are Illegal Counterfeit Prescription Slips?

California law uses the term “prescription blank” to mean the forms doctors sign to prescribe medication. They are also known as prescription slips and come in pads or multiple slips.

If a drug is considered a controlled substance regulated by the federal government, prescription blanks for the medicine must be created by a printer approved by the Department of Justice. Any slips made to imitate the approved forms with intent to deceive or defraud are considered counterfeit prescription blanks.

It is illegal for you to either:

  • Counterfeit a prescription blank; or,
  • Knowingly possess a counterfeit prescription slip.

Manufacturing fake prescription forms is a crime, but so is having counterfeit slips in your possession if you intend to use them to defraud or deceive.

What Is Intent To Deceive or Defraud?

You do not have to intend to use the counterfeit slips to obtain actual prescription drugs. For example, if you print the fakes with a plan to sell them for extra money, that is also criminal. Any attempt to use the prescription pad to trick someone else counts as the intent to deceive or defraud.

You can defend against a charge for making counterfeit prescription drug blanks by arguing that you only copied or printed them for personal satisfaction. Maybe you intended to use them in a collage or other piece of artwork.

Additionally, if you are arrested for possessing a counterfeit prescription, you can argue you did not know the pad or slip was fake. For example, if your friend who is a nurse asks you to hold onto a pad for a few minutes, you may have assumed the slips were authentic. You also may have lacked the intent to deceive or defraud anyone by simply holding on to them. Both of these facts can be used to help your case if you are charged with a crime.

Penalties for Counterfeiting a Prescription

California law allows prosecutors to charge you with either a misdemeanor or a felony for counterfeiting a prescription. One factor that will be used to determine whether you face misdemeanor or felony punishments is how many counterfeit prescriptions you possessed. If you only are charged with possession of three or fewer slips, the maximum penalties include:

  • Up to six months in county jail; and,
  • A $1,000 fine.

However, if you were found with more than three prescription blanks in your control, you face more significant punishment. Also, if you are charged because you counterfeited the slips yourself, the penalties are harsher. If charged with a misdemeanor under this section, the top sentence is a $1,000 fine and a year in jail.

However, if the prosecutor decides to charge you with a felony, the jail time available goes up. Felony counterfeiting prescription convictions can carry a sentence of 16 months, two years, or even three years in jail. Your criminal history and the facts of your case will determine if you face misdemeanor or felony charges. The more slips or pads you made or had, the more likely you will face significant punishment.

Were you charged with counterfeiting a prescription in Fullerton, California? Call the Chambers Law Firm now to discuss how our skilled criminal defense attorneys can help you. Contact us at 714-760-4088 or dchambers@clfca.com.

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