Close

Former Senior LA Prosecutor.
Harvard Law School Educated.
Now Providing an Aggressive Defense For You.

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

1. Definition and Elements of the Crime

Prescription drug abuse is a growing concern among law enforcement agencies. Unlike illegal street drugs which can never be lawfully sold or possessed, a person can legally purchase or possess prescription drugs if authorized by a licensed physician. Prescription forgery is against the law under California Business and Professions Code Section 4324(a) BPC. However, it is also illegal to possess drugs secured by a forged prescription pursuant to California Business and Professions Code Section 4324(b) BPC, and those charged can face a potential felony conviction.

To prove that a defendant is guilty of possessing drugs secured by a forged prescription, a prosecutor would have to establish the following:

  1. The defendant had in his or her possession any drugs secured by a forged prescription.
2. Related Offenses

Other similar or related offenses include:

  1. Prescription Forgery – California Business and Professions Code Section 4324(a) BPC
  2. Counterfeit Prescription Blank – California Health and Safety Code Section 11162.5 HSC
  3. Possession of Controlled Substance – California Health and Safety Code Section 11350 HSC
  4. Forging Prescription for a Narcotic – California Health and Safety Code Section 11368 HSC
3. Examples

A man is at his friend’s house when he complains about having a headache. His friend asks if he wants to take some prescription strength painkillers. The man asks how his friend obtained the drugs and his friend explains that he forged a prescription and then had it filled at a local pharmacy. The man’s friend sends him home with several pills and the man is stopped by police on a routine traffic stop. The police see the pills on the front seat of the man’s car and the man explains how his friend supplied the pills to him. This man could be charged with possession of drugs secured by a forged prescription in violation of California Business and Professions Code Section 4324(b) BPC.

In another example, a man visits a doctor in the hopes of getting a prescription for painkillers. The man makes up symptoms of back pain and other ailments in order to get the prescription. The doctor authorizes a prescription based on the man’s false representations, which he subsequently has filled at a pharmacy. This man would not be criminally liable under California Business and Professions Code Section 4324(b) BPC because the prescription was legitimate, even though it was obtained as the result of fraud and deceit. However, this man could be charged with prescription fraud / doctor shopping under California Health and Safety Code Section 11173 HSC.

4. Defenses to Possession of Drugs Secured by a Forged Prescription

If the drugs were discovered as the result of a warrantless police search that was not supported by reasonable or probable cause, the defendant may be able to challenge the constitutionality of the search by filing a motion to suppress the evidence pursuant to California Penal Code Section 1538.5 PC. If the motion is granted, the evidence would be suppressed and the case would likely be unable to proceed.

5. Penalties

Possession of drugs secured by a forged prescription is what is considered a “wobbler” offense that can be charged as either a felony or a misdemeanor. Unlike many other drug possession cases that have been reduced to misdemeanors under Proposition 47, California Business and Professions Code Section 4324(b) BPC was unaffected by the new law and can still be potentially filed as a felony. Those convicted of this offense as a felony can be sentenced to up to three years in prison. If convicted of this crime as a misdemeanor, the defendant can be sentenced to up to a year in jail.

6. Criminal Defense for Possession of Drugs Secured by a Forged Prescription Cases

If you have been charged with possession of drugs secured by a forged prescription, it is imperative that you speak with a Los Angeles Criminal Defense Attorney immediately. Los Angeles Criminal Defense Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands how best to defend those charged with drug offenses. Mr. Kraut is highly respected throughout the court system as a tough litigator who possesses a detailed knowledge of the criminal law.

For more information about possession of drugs secured by a forged prescription, and to schedule your free consultation, contact Los Angeles Criminal Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
Contact Us