Yes, under Health and Safety Code 11162.5, it is a crime to make or possess counterfeit prescription blanks for a controlled substance.
Controlled substance for purposes of Health and Safety Code 11162.5 is defined as those drugs or chemicals whose manufacture, possession, and use are regulated by the government under the United States “Controlled Substances Act.”
Under the code, counterfeit is defined as making an exact imitation of the prescription blank, pad, or form with the specific intent to use that prescription blank to defraud or deceive. These prescription blanks, pads, or forms are those that a physician or other medical practitioner who has the authority to prescribe medication typically uses when ordering or otherwise authorizing a prescription for a controlled substance.
The penalties associated with violating this code can be prosecuted as either a misdemeanor or felony and is therefore considered a wobbler offense. Potential penalties for a misdemeanor Health and Safety Code 11162.5 conviction including up to one year in county jail as well as paying fines of up to $1,000. Potential penalties for a felony Health and Safety Code 11162.5 conviction include sixteen (16) months, two years, or three years in county jail.
The number of counterfeit prescription blanks is typically what determines whether the violation will be charged as a misdemeanor or felony. For example, if the individual has three or fewer counterfeit prescription blanks, the violation would likely be charged as a misdemeanor. On the other hand, should the individual possess more than three, the violation will likely be charged as a felony.
If you or someone you know has been charged with violation of Health and Safety Code 11162.5, please contact KAASS LAW today at (310) 943-1171 to speak to our criminal defense attorneys for a free consultation.