Criminal Charges for Forged Prescriptions in Oklahoma

The state of Oklahoma takes forged prescriptions very seriously – trying to get drugs using a fake prescription is a felony. Law enforcement seem to charge more and more people each year with prescription fraud.

To prove prescription fraud, the prosecutor must show that you obtained a controlled dangerous substance when you:

• Forged a prescription,
• Altered the prescription to change the quantity or the drug prescribed, or
• Gave a forged or altered prescription to a pharmacist for filling.

47 O.S. § 2-407(A). Attempts to commit prescription fraud are illegal too, even if they are not successful. Oklahoma also penalizes people who possess drugs obtained using a forged prescription or who sell, offer for sale, barter, or give away drugs from a prescription. 59 O.S. § 59-353.24.

As you can see, the law is extremely broad. Not only can you be charged if police suspect you forged a prescription, they can arrest you even if they think you used a fake prescription someone else gave you. You may be able to argue, however, that you did not know the prescription was fake. Law enforcement uses this law as a hammer to charge people they suspect are members of drug rings or distribution networks with felonies, even if they do not catch anyone selling or distributing the drugs.

Violation of the prescription fraud law is a felony that could carry a lengthy prison sentence and large fines. The punishment for a first offense includes imprisonment for up to 10 years and a fine of up to $10,000. The punishment for any further offenses includes imprisonment for up to 20 years and a fine of up to $20,000. Those charged with prescription fraud should take the charges extremely seriously and secure legal representation as soon as possible.

Oklahoma has cracked down on prescription drug fraud through its strict laws and through the Prescription Monitoring Program. The program increases doctor recordkeeping and monitoring of patients who they prescribe controlled dangerous substances, particularly opioids and painkillers. Doctors must check a prescription database before prescribing certain drugs to see how long ago the patient last received a prescription. Unfortunately, the PMP can lead to patients with long-term pain being labelled drug seekers or being accused of drug crimes.

Need an attorney for prescription drug charges in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and inside knowledge to defend accused Oklahomans, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.