Prescription forgery is the other name for obtaining a controlled dangerous substance by forgery. Charges of obtaining a controlled dangerous substance by forgery can be brought against a person who forges a prescription to acquire a medication to which they are addicted or a registrant who pursues unlawful activities.
Medications and other street drugs are classified under schedules in Muskogee, Oklahoma based on their addictive risk. Schedule I substances have no known medical benefit, but are often obtained and abused. Controlled substances in this schedule have the highest risk of addiction. Schedule II drugs have some medical use, but are strictly regulated because they have a high risk of addiction. Prescription-only medications are found in this schedule. Okla. Stat. tit. 63 §§ 2-204 et seq.
Prescription Forgery Defined
Oklahoma law forbids the possession and obtaining of prescription medication by any dishonest means. Prescription substances are obtained illegally by forgery, fraud, misrepresentation, lying, withholding facts, or using a false identity and address. People who purchase prescription drugs unlawfully also create or find an invalid or counterfeit prescription form and lie about when and where they last got the prescription medication. Okla. Stat. tit. 63 § 2-407
It is a crime in Muskogee for a manufacturer, distributor, or practitioner to intentionally do any one of the following.
- Distribute Schedule I, II, III, IV, and V substances in any manner prohibited by Oklahoma law.
- To use an invalid registration number in the course of manufacturing or distributing a controlled dangerous substance.
- To obtain possession or acquire a controlled, dangerous substance by any unlawful means.
- To lie or omit material information about any controlled dangerous substance on any records, documents, or reports that are required under Oklahoma law.
- To in any way imprint trademarks or other such copyright on substances that renders them counterfeit controlled dangerous substances.
Okla. Stat. tit. 63 § 2-406
Prescription forgery is treated as a felony crime in Oklahoma.
Penalties for Prescription Forgery
Penalties are severe for obtaining a controlled dangerous substance by forgery. If a manufacturer, distributor, or other practitioner is found guilty of prescription forgery, he or she faces up to 20 years in prison, a fine of up to $250,000, Additionally, they are expected to pay a trauma care fee of $100.
A second or subsequent conviction for this crime could see registered manufacturers, distributors, and other practitioners face up to 40 years in prison, a fine of up to $500,000, or both. Also, deferred or suspended sentences and probation are not available to repeat offenders. Okla. Stat. tit. 63 § 2-406
Individuals found guilty of a first-time prescription forgery offense face a punishment of up to 10 years in prison, a fine of up to $10,000, or both. The $100 trauma care fee is also required.
Second or subsequent offenses are punishable by 4 to 20 years in prison, a fine of up to $20,000, or both. Again, the $100 trauma care fee is assessed. Also, a repeat prescription forgery offender is ineligible for deferred or suspended sentences or probation.
Obtaining a controlled dangerous substance by forgery is a serious crime that can see a defendant do a lot of time in prison or pay hefty fines. Being found guilty of prescription forgery is very devastating to a defendant.
You can improve your chances of getting a favorable outcome in your case by retaining an experienced and skilled Muskogee criminal defense attorney.
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