| Forging a Prescription | | | | Uttering a forged instrument refers to the passing |
| Forging a prescription is against the law. It is | | | | of or making use of a forged writing or document |
| generally defined as the illegal acquisition of | | | | with knowledge of its forged nature. For example, |
| pharmaceuticals for personal use or profit. People | | | | presenting a forged prescription to a pharmacy is |
| commit prescription fraud in many ways, including | | | | uttering. |
| going to multiple doctors for multiple prescriptions, | | | | The California criminal jury instructions, known as |
| and forging the quantity on the prescription to | | | | CALJIC, outline the elements necessary to convict |
| increase the quantity. The biggest factor driving | | | | someone for forgery of a prescription. CALJIC |
| prescription fraud is the increasing abuse and | | | | 12.05 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 the | | | | following elements must be proved: |
| punishment, reading: | | | | 1. A person forged/altered/issued/uttered a form |
| "Every person who forges or alters a prescription | | | | for the prescription of drugs; and |
| or who issues or utters an altered prescription, or | | | | 2. |
| who issues or utters a prescription bearing a | | | | As 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 in | | | | 3. |
| possession any narcotic drug secured by a | | | | A person issued a form for the prescription of |
| forged, fictitious, or altered prescription, shall be | | | | drugs; |
| punished by imprisonment in the county jail for | | | | 4. 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. |