Forging a Prescription

Forging a prescription is against the law. It is generally defined as the illegal acquisition of pharmaceuticals for personal use or profit. People commit prescription fraud in many ways, including going to multiple doctors for multiple prescriptions, and forging the quantity on the prescription to increase the quantity. The biggest factor driving prescription fraud is the increasing abuse and addiction to prescription drugs. Health and Safety Code Section 11368 defines the offense and the punishment, reading:

"Every person who forges or alters a prescription or who issues or utters an altered prescription, or who issues or utters a prescription bearing a forged or fictitious signature for any narcotic drug, or who obtains any narcotic drug by any forged, fictitious, or altered prescription, or who has in possession any narcotic drug secured by a forged, fictitious, or altered prescription, shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or in the state prison." (Emphasis added)

Uttering a forged instrument refers to the passing of or making use of a forged writing or document with knowledge of its forged nature. For example, presenting a forged prescription to a pharmacy is uttering.

The California criminal jury instructions, known as CALJIC, outline the elements necessary to convict someone for forgery of a prescription. CALJIC 12.05 reads in pertinent part:

"In order to prove this crime, each of the following elements must be proved:

1. A person forged/altered/issued/uttered a form for the prescription of drugs; and
2. As forged/altered issued/uttered the prescription was for [a narcotic drug].

Or

1. A person issued a form for the prescription of drugs;
2. The prescription was for [a narcotic drug]; and
3. The signature on the prescription was forged/fictitious/the prescription had been altered."

If you or a loved one was charged with forging a prescription, you must contact an experienced attorney immediately.