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 Hawaii, prescription fraud is considered a serious offense and is addressed under Hawaii Revised Statutes Section 329-43.5. The law prohibits various acts related to the fraudulent acquisition or possession of controlled substances. This includes forging or altering a prescription, obtaining controlled substances through deceit, using a false name or address to obtain such substances, and doctor shopping to receive multiple prescriptions for controlled substances without proper disclosure. Penalties for prescription fraud in Hawaii can range from fines to imprisonment, depending on the severity of the offense and whether it is charged as a misdemeanor or felony. Additionally, under federal law, specifically 21 U.S. Code § 843, it is illegal to commit acts of prescription fraud, which can lead to federal charges with potentially more severe consequences. Both state and federal laws aim to combat the misuse of prescription drugs and hold offenders accountable.