When most people think of illegal drugs, they think of heroin or cocaine. However, illegal prescription drug use is on the rise: according to the National Household Survey on Drug Abuse an estimated 36 million U.S. residents aged 12 and older have abused prescription drugs at least once in their lifetime.
Prescription Fraud encompasses a number of different offenses, including illegally obtaining prescription medications through "doctor shopping" or by creating fake prescriptions, and the possession of prescription drugs without a license or distribution to individuals not authorized to use them.
Although almost any illegally obtained prescription medication can lead to arrest and prosecution for prescription fraud, painkillers and steroid compounds are among the most commonly cited drugs in these cases. Opium-based medications and psychoactive drugs such as Hydrocodone, OxyContin and Vicodin are especially popular but lower-cost prescription drugs such as Viagra are also sought out for resale.
Although many cases of prescription fraud are linked to criminals who seek to profit from the resale of the drugs or to people who take them for "recreational" purposes, thousands of people with legitimate needs for pain medication are also forced into forging prescriptions or shopping around for a doctor who will renew a prescription illegally due to prohibitive healthcare costs or other extenuating circumstances. They don't particularly intend to commit a crime, they just want relief from the pain.
There are many ways people might attempt to obtain prescription drugs, including:
- Using someone else's prescription and ID to obtain drugs.
- Altering the amount of an existing prescription to get a greater quantity.
- Using a false registration number to call in a prescription.
- Stealing a prescription pad from the doctor's office.
- Using a computer to create a false prescription.
Texas Health & Safety Code § 481.129 explicitly outlaws the dispensing or prescribing of a controlled substance when such prescription is not valid or required. This includes issuing a prescription that is forged or that bears a forged signature; using a prescription that was issued to another individual; and possessing a prescription obtained through fraud or forgery. Whether the deception was achieved orally, by telephone, or in by any other form of communication, it is a felony punishable by a prison sentence and thousands of dollars in fines.
It is also illegal to disguise or otherwise alter the labeling on a drug, or to alter the appearance of a drug with the intent to make it appear as a prescription-only drug. This is a Class A misdemeanor punishable up to a year in jail, a fine of up to $4,000, or both. If convicted of such an offense, you could suffer permanent consequences in multiple areas of your life. Your career could be over -especially if convicted of a felony- and your relationships with friends and family could be ruined.
Internet prescription fraud typically involves international or interstate trafficking. As a result, these cases are generally investigated by federal agencies that include the U.S. Drug Enforcement Agency. In some cases, the Federal Bureau of Investigation or U.S. Postal Inspectors may also be involved in the investigation process.
The sentences and penalties for prescription fraud can vary depending on which type of drug it is and the amount of drugs involved. Prescription drugs are categorized into five different penalty categories, schedule I and II being the most severe. Schedule I and II substances include any opiates, Heroin, Morphine, Codeine, Hydrocodone, oxycodone, Marijuana, Psilocybin, Aminorex, Cathinone, and depressants. According to the Texas Controlled Substances Action, §481.129, any person who willingly commits prescription fraud by selling or trafficking prescription drugs could face the following penalties:
- Selling or distributing a schedule I or II substance is a second degree felony charge which is punishable for up to 20 years in prison and/or a fine up to $10,000.
- Selling or distributing a prescription drug found in schedule III-IV is considered to be a third degree felony which carries a maximum prison sentence of 10 years and/or a fine up to $10,000.
- Selling or distributing a schedule V prescription drug will be classified as a Class A misdemeanor and could lead to a 1 year jail sentence and/or a fine of no more than $4,000.
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