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California Business & Professions Code Section 4324(b) BPC: Possession of Drugs Secured by Forged Prescription

Law enforcement realizes that abuse of prescription drugs is a serious and growing problem. While many street drugs are illegal, meaning they can’t be sold or possessed lawfully, prescription drugs are able to be legally purchased and possessed, so long as a licensed doctor has authorized it.

Forging a prescription is illegal, according to California Business & Professions Code Section 4324(b) BPC. If you’re charged with this crime, it’s possible you’ll be convicted of a felony. If you have to go to court, the prosecutor will have to prove that you were in possession of drugs that were attained by a forged prescription.

Offenses Related to the Crime

There are four similar offenses to California Business & Professions Code Section 4324(b) BPC: Counterfeit Prescription Blank, California Health and Safety Code Section 11162.5 HSC; Forging Prescription for a Narcotic, California Health and Safety Code Section 11368 HSC; Possession of Controlled Substance, California Health and Safety Code Section 11350 HSC; and Prescription Forgery, California Business and Professions Code Section 4324(a) BPC.

Examples

If you’re at another person’s house and you say that you’re in pain, your friend may offer you prescription painkillers. If you ask your friend how he or she has the painkillers and they say that they forged a physician’s signature and then had the prescription filled at the pharmacy, you may still opt to take the painkillers. If you go home with some of the painkillers in your possession and you end up getting stopped by a police office in a normal traffic stop, the officer may see the painkillers in your car. If you say that you got the painkillers from a friend who got them via a forged prescription, you could be charged with possession of prescription drugs by a forged prescription.

However, if you go to your physician with the hopes of getting a prescription of painkillers, and you create symptoms that you don’t really have to get the prescription, you’re not technically getting a forged prescription. The prescription itself is real and was signed by an actual doctor. It is possible, though, that you’ll be charged with a crime under California Health and Safety Code Section 11173 HSC for prescription fraud.

Defenses of the Crime

Even if you were in possession of drugs that were secured by a forged prescription, you may still have a solid defense. If the police discovered the drugs through a search that they did not have a warrant for, and if that search isn’t backed by reasonable or probable cause, your defense may be that the search was unconstitutional. Your attorney may opt to file a motion that would suppress the evidence. If that motion is granted, that means the evidence would be suppressed, which could stop the case from proceeding.

Penalties of the Crime

If you’re convicted of possessing drugs that were secured by a forged prescription, you could be charged with either a misdemeanor or a felony. Though Proposition 47 reduced some drug possession cases to misdemeanor status, the law did not affect California Business and Professions Code Section 4324(b) BPC, and the crime can still be considered a felony.

If you’re convicted of a felony for this crime, it could mean as long as three years in prison. If you’re convicted of a misdemeanor for this crime, it could come with a sentence of up to one year in jail.

Criminal Defense

If you or a loved one has been charged with possession of drugs via a forged prescription, you’ll want to speak with a criminal defense lawyer right away.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
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debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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