Issuing, obtaining, or attempting to obtain a false (forged, altered, or unauthorized) prescription to obtain drugs (narcotics, controlled substances)—or otherwise deceptively or fraudulently obtaining or attempting to obtain a prescription for a controlled substance—is a crime in every state, and in many states it is a felony offense punishable by jail or prison time. Some common forms of prescription fraud include:
(1) forging a prescription or increases the prescribed quantity of a dangerous drug in a prescription;
(2) issuing a prescription bearing a forged or fictitious signature;
(3) obtaining or attempting to obtain a dangerous drug by using a forged, fictitious, or altered prescription;
(4) obtaining or attempting to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or
(5) possessing a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call;
(6) obtaining or attempting to obtain a prescription from a health care provider without disclosing the existence of a current prescription for the same or similar drug or by another health care provider (doctor shopping).
Prescription drug fraud laws are usually located in a state’s statutes. Prescription drug fraud is also a crime under federal law. See 21 U.S. Code §843.
In Colorado, prescription drug fraud is taken very seriously and is addressed under various statutes. According to Colorado Revised Statutes (C.R.S.) 18-18-415, it is illegal to fraudulently obtain, possess, or use a controlled substance. This includes forging prescriptions, altering prescriptions to increase the quantity of drugs, using a forged or fictitious signature to issue a prescription, and obtaining controlled substances through fraudulent means such as fictitious phone calls or by using a forged prescription. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar medications, is also considered a criminal act. The penalties for prescription drug fraud can range from misdemeanors to felonies, depending on the circumstances and the quantity of drugs involved, potentially leading to fines and imprisonment. Furthermore, under federal law, specifically 21 U.S. Code § 843, it is a crime to commit acts such as distributing or dispensing a controlled substance by means of a fraudulent prescription. Violations of this federal statute can result in significant penalties, including fines and imprisonment.