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 Massachusetts, prescription fraud is taken very seriously and is addressed under various statutes. According to Massachusetts General Laws Chapter 94C, Section 33, it is illegal to knowingly or intentionally possess a false prescription, to forge a prescription, or to obtain or attempt to obtain a controlled substance by fraud, deceit, misrepresentation, or subterfuge. This includes acts such as forging or altering prescriptions, using a forged prescription to obtain drugs, doctor shopping, and acquiring drugs through fraudulent calls. Penalties for prescription fraud can range from fines to imprisonment, depending on the severity of the offense and whether it is a first or subsequent offense. For instance, obtaining a controlled substance by fraud may result in imprisonment for up to four years, a fine of up to $30,000, or both. Additionally, under federal law, specifically 21 U.S. Code § 843, it is a crime to commit acts of prescription fraud, which can lead to federal charges with potentially severe penalties, including imprisonment. It is important for individuals to understand that both state and federal laws apply to prescription drug fraud, and violations can lead to significant legal consequences.