It is in the news daily. Opioids and their abuse are everywhere. And states are cracking down on opioid use and abuse in many different ways. Opioids are just one of a number of highly addictive controlled dangerous substances, and these drugs have a defined medical benefit, it is easy to abuse or become chemically dependent upon them. As the problem has become larger, police are starting to crack down prescription drug crimes. Theft is one type of prescription drug crime. Another is forgery of a prescription, also known as obtaining controlled dangerous substances by forgery. This crime can occur in a number of different ways, but the most common is to steal a prescription pad and forge a doctor’s signature.
Defining Forgery of a Prescription
Oklahoma classifies all controlled substances, including prescription medications, by “Schedules” based upon the level of addictive risk and other factors. Prescription medications such as Oxycontin, Percocet, Vicodin, and the like are classified as Schedule II and III substances. Okla. Stat. tit. 63 §§ 2-204 et seq.
However, being in possession of any prescription medication without a valid prescription is against the law in Oklahoma.
The statutes are clear. It is unlawful for any practitioner to knowingly or intentionally acquire or obtain any controlled substance by misrepresentation, fraud, deception, or forgery. Okla. Stat. tit. 63 § 2-406. Even the attempt to obtain controlled dangerous substances by forgery is a crime.
It is also illegal for an individual to obtain or attempt to obtain any controlled dangerous substance by forgery of, or alteration of, adding any information to or changing any information on a prescription or written order for medication. Okla. Stat. tit. 63 § 2-407
It is also illegal to try to obtain medications by fraud, deceit, or misrepresentation, by concealment of a material fact, by using a false name or giving a false address, or by failing to disclose that you have obtained this same drug within 30 days from another practitioner.
Forgery of a prescription can take place by stealing prescription pads, changing quantities or dates on an existing prescription, hiding or changing material facts on a prescription, creating new prescriptions, or in any number of other ways. Each of these methods is a felony in Stillwater. Thus, the penalties upon conviction are severe.
Penalties
Penalties are stiff. If a practitioner is convicted, a first offense carries a prison term of up to 20 years, a fine of up to $250,000, or both. That sentence is doubled for any subsequent offense. Okla. Stat. tit. 63 § 2-406
An individual could face up to 10 years in prison, a fine of up to $10,000, or both for a first offense. A subsequent offense raises the penalty to between 4 and 20 years in prison, a fine of up to $20,000, or both. Okla. Stat. tit. 63 § 2-407
This offense is always treated as a felony.
If you or a loved one are facing charges for obtaining a controlled dangerous substance by forgery, it is critical that you get the help you need. Do not delay, call for help today. Hire an experienced Stillwater criminal defense attorney today.
Initial Strategy Session with a Stillwater OK Attorney
Wirth Law Office – Stillwater is here to help you when you need it the most.
We offer a initial consultation with an experienced Stillwater OK attorney to help you defend your legal rights. Don’t try to handle your legal matter by yourself.
Call 405-673-1600 for a initial low-cost consultation or submit a question through this website.
