Rizio and Nelson California Law Blog

Prescription forging is against the law. By definition, it is the illegal acquisition of pharmaceuticals for personal use or profit. Prescription fraud is committed in many ways, including but not limited to visiting multiple doctors to receive multiple prescriptions, and forging the prescription to increase the quantity. The biggest factor driving prescription fraud is increased abuse and addiction to prescription drugs. Health and Safety Code Section 11368 defines the offense and the punishment. It states that anyone who forges or alters a prescription, issues or utters an altered prescription, issues or utters a prescription bearing a forged or fictitious signature for any narcotic drug, obtains any narcotic drug by any forged, fictitious, or altered prescription, or has their 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.

Definition of uttering a forged instrument includes the passing of or making use of a forged writing or document with knowledge of its forgery. An example of uttering would be presentation of a forged prescription to a pharmacy.