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 Delaware, obtaining or attempting to obtain a prescription for a controlled substance through fraudulent means, such as forging or altering a prescription, is illegal and considered a serious offense. This includes forging a prescription, using a forged or fictitious signature, using a fraudulent telephone call to obtain drugs, or possessing drugs obtained by these methods. Additionally, 'doctor shopping,' which involves obtaining prescriptions from multiple healthcare providers without disclosing existing prescriptions for similar medications, is also a criminal act. These offenses can be charged under various degrees of severity, with penalties ranging from fines to imprisonment, depending on factors such as the quantity of drugs involved and the individual's criminal history. Delaware's Controlled Substances Act and other relevant state statutes outline the specifics of these laws. Prescription drug fraud is also a federal crime under 21 U.S. Code §843, which prohibits the forgery, alteration, or fraudulent acquisition of prescriptions, and imposes its own set of penalties that may include fines and imprisonment.