Forging a Prescription

Forging a PrescriptionUttering a forged instrument refers to the passing
Forging a prescription is against the law. It isof or making use of a forged writing or document
generally defined as the illegal acquisition ofwith knowledge of its forged nature. For example,
pharmaceuticals for personal use or profit. Peoplepresenting a forged prescription to a pharmacy is
commit prescription fraud in many ways, includinguttering.
going to multiple doctors for multiple prescriptions,The California criminal jury instructions, known as
and forging the quantity on the prescription toCALJIC, outline the elements necessary to convict
increase the quantity. The biggest factor drivingsomeone for forgery of a prescription. CALJIC
prescription fraud is the increasing abuse and12.05 reads in pertinent part:
addiction to prescription drugs. Health and Safety"In order to prove this crime, each of the
Code Section 11368 defines the offense and thefollowing elements must be proved:
punishment, reading:1. A person forged/altered/issued/uttered a form
"Every person who forges or alters a prescriptionfor the prescription of drugs; and
or who issues or utters an altered prescription, or2.
who issues or utters a prescription bearing aAs forged/altered issued/uttered the prescription
forged or fictitious signature for any narcotic drug,was for [a narcotic drug].
or who obtains any narcotic drug by any forged,Or
fictitious, or altered prescription, or who has in3.
possession any narcotic drug secured by aA person issued a form for the prescription of
forged, fictitious, or altered prescription, shall bedrugs;
punished by imprisonment in the county jail for4. The prescription was for [a narcotic drug]; and
not less than six months nor more than one year,5. The signature on the prescription was forged
or in the state prison." (Emphasis added)fictitious/the prescription had been altered.