Other persons acquire these same drugs illegally from someone selling them even when that person should be taking them per his or her doctor. Many of these instances may cause medical issues due to incorrect dosage, body or chemistry difficulties or other similar problems. The person that gave or sold these drugs may be responsible legally for these complications.
While a person may face legal issues when possessing drugs without a prescription, there are others that obtain these same drugs through crimes involving some type of fraud. These may be through online purchases, the use of someone else’s identity or other situations. While many of these acts of lawbreaking result in misdemeanor charges, a person may face a felony charge depending upon the factors of the case. Though some consequences of these actions may be penalties through fines, jail or prison terms and other similar punishments, the possibility of making plenty of money through these drugs keeps these individuals in business.
Types of Drug Fraud Crimes
Among the most popular of drug crimes, there are two types of fraud crime categories that head the entirety of these unlawful acts. Uttering a Prescription of a Controlled Substance and Obtaining a Controlled Substance by Fraud have been defined for better explanations. While these crimes are separate and have different explanations, they have been charged together in certain circumstances. Although these particular stated laws are from Florida, many other states have similar laws with very close wording that provide the same stipulations involving illegal substances.
Uttering a Prescription of a Controlled Substance is the intentional delivering, reproducing or giving counterfeit-resistant drug blanks for prescription drugs under the Department of Health’s ruling on this specific crime. For charges of this crime, the person perpetrating these acts usually uses the prescription pad of a healthcare professional and a signature forged from the same doctor.
Elements of Uttering a Prescription of a Controlled Substance and Similar Regulations
There are three elements that must be proven by the state these crimes are committed in to provide for a conviction based on proof beyond a reasonable doubt. The alleged perpetrator must have sold, distributed, created, uttered or had possession of counterfeit prescription blanks for prescription drugs. These blanks must also be in the form and content as provided by the Department of Health specific to the state. Additionally, the person must have had the intention to cheat, trick, harm or enable someone to purchase these drugs through a fraudulent manner as explained by state laws.
Penalties for Uttering a Prescription of a Controlled Substance
This category of crimes often carries a third-degree felony charge with potential for imprisonment of up to five years and up to $5,000 in fines. First offenses may carry this or lesser consequences, but those that commit these acts and are convicted multiple times may have the charges elevated to more serious felony charges.