Drug abuse is rife in the United States, and Oklahoma is no exception. Opioids, for instance, have been in the news recently since they are being abused quite often around the country. Opioids, however, are not the only prescription drugs that are abused in the United States and Oklahoma City. Medications that are controlled and available only by prescription are often being abused. This often leads to prescription forgery.
What are Controlled Dangerous Substances?
Drugs that pose an risk of addiction are classified under schedules in Oklahoma. The more addictive a substance is, the lower its number in the schedule. Okla. Stat. tit. 63 §§ 2-204 et seq.
Medicines that can be obtained over the counter are not classified under schedules. Such drugs that can be obtained without a prescription are safe for use by the general population and do not pose any addictive risk.
Schedule I substances are such as street drugs that have no medical use in the U.S., but are often obtained fraudulently and abused. Users of Schedule I drugs run a high risk of getting addicted to them.
Schedule II drugs have some medical use in the United States, but can only be obtained by prescription. Such drugs are prescribed by doctors when the benefits they offer the patient outweigh the risks. Schedule II drugs are often abused when a person alters the prescription obtained from a doctor or steals a doctor’s pad and prescribes the medication to themselves fraudulently. Okla. Stat. tit. 63 § 2-205
Schedule III drugs also pose an addictive risk, but one which is lower than that of Schedule II.
Prescription Forgery Defined
It is a crime to be found in possession of prescription medication without a valid prescription.
Okla. Stat. tit. 63 § 2-407 prohibits obtaining prescription medication through any one of the following means:
- using trickery, misrepresentation of facts, deceit, or fraud;
- taking a written order or any prescription and changing any information or adding, altering, or forging anything;
- not disclosing any material fact;
- using a false name or giving the wrong address; or
- deliberately not letting a practitioner know that the patient has received a similar prescription drug for the same or related therapeutic use from another practitioner within the last 30 days.
Penalties for Prescription Forgery
Obtaining a controlled dangerous substance by forgery is a felony in Oklahoma.
A first conviction of prescription forgery is punishable by up to 10 years in prison, a fine of up to $10,000, or both.
For second and subsequent convictions, penalties are 4 to 20 years of incarceration, a fine of up to $20,000, or both. For repeat offenders, there is no option for a suspended or deferred sentence or probation.
All people convicted of prescription forgery must pay a special trauma care fee of $100.
Get Help
If you are facing charges of obtaining a controlled dangerous substance by forgery, you need to talk to a lawyer immediately. Our lawyer is knowledgeable and experienced in Oklahoma City law. He has represented many others in your position and will help you put together a solid defense.
Do not trust the police and prosecutors to get you acquitted, as they look out for the interests of the state. Get yourself a legal expert who will take your side and look out for your best interests.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
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