Forging Drug Prescriptions DefenseCalifornia Health & Safety Code § 11368

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What counts as a violation of Health & Safety Code § 11368?

Health & Safety Code § 11368 makes it a crime to do any of the following:

forges or alters a prescription for a narcotic drug
issues or utters an altered prescription for a narcotic drug
issues or utters a prescription bearing a forged or fictitious signature for any narcotic drug
obtains any narcotic drug by any forged, fictitious, or altered prescription, or
has in possession any narcotic drug secured by a forged, fictitious, or altered prescription

What is the punishment for a violation of Health & Safety Code § 11368?

A conviction for under Health & Safety Code § 11368 may be punished as a misdemeanor or as a felony.

A misdemeanor is punishable by up to one year in county jail, a fine of up to $1,000, or both.

A felony is punishable by imprisonment in state prison for up to three years and a fine.

What are defenses to Health & Safety Code § 11368?

  • You did not know the prescription was forged
  • The prescription was valid

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