Drug Crimes: Prescription Fraud

Forgery, Obtaining Controlled Substance by Fraud

The Michigan Controlled Substance Act regulates and covers a wide spectrum of activity associated with drugs. The Michigan Controlled Substance Act goes beyond covering drug crime penalties that involve street drugs, such as heroin, and also makes it a crime to engage in certain behavior relating to prescription medications (analogues, opioids) and prescription forms.

Prescription Forgery, Fraud

Pursuant to MCL 333.7407, possession of a forged prescription, or attempting to pass a false or forged prescription, is guilty of a felony in Michigan punishable by up to 4 years in prison or a fine of not more than $30,000.00, or both. MCL 333.7407 provides that a person shall not knowingly or intentionally:

1. Distribute as a licensee a controlled substance classified in schedule 1 or 2, except pursuant to an order form as required by section 7331.
2. Use in the course of the manufacture or distribution of a controlled substance a license number that is fictitious, revoked, suspended, or issued to another person.
3. Acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.
4. Furnish false or fraudulent material information in, or omit any material information from, an application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article.
5. Make, distribute, or possess a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon a drug or container or labeling thereof so as to render the drug a counterfeit substance.
6. Possess counterfeit prescription forms, except as an agent of government while engaged in the enforcement of this part.

Michigan Automated Prescription System (MAPS)

Prescription fraud, or obtaining a controlled substance by fraud, is an offense which commonly occurs when someone has access to prescription forms. Substances such as Vicodin, Oxycodone, Xanax, Valium, Adderall and other habit-forming drugs/analogues are often the substances pursued in cases involving prescription fraud. The Michigan Automated Prescription Service (MAPS) gives pharmacies and law enforcement officers an edge in tracking bogus prescription forms. MAPS is a prescription monitoring program used to track controlled substances classified as Schedule 2 -5 by the Drug Enforcement Agency (DEA).

Using a Computer to Commit a Crime

Using a computer to commit a crime is a crime in and of itself. When we think about drug crimes, the use of a computer does not immediately come to mind. However, using a computer in connection with a false or forged prescription can lead to multiple charges; one for prescription fraud and one for using a computer to commit a crime. When a computer is used to commit prescription fraud, it is a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

Possession of Analogues

As we explain on another page dedicated to the topic, it is a felony to possess drugs classified as analogues without a valid prescription. Illegal possession of analogues is often added as a crime in conjunction with fraudulent prescription drug crimes.

Metro Detroit’s Best Drug Crime Lawyers

Contact ABDO LAW immediately if you are being investigated or charged with any Michigan drug crime in the counties of Macomb, Oakland, Wayne or St. Clair. Let our highly rated team of criminal defense lawyers manage your drug case from A to Z to get your seized property returned and the best resolution possible. If you have a drug problem, we will ask the court for a rehabilitative disposition. Drug crimes, including felony drug crimes, may also be dismissed pursuant to HYTA for youthful offenders (under age 24) and MCL 333.7411 for first time drug offenders. Dispositions pursuant to HYTA and MCL 333.7411 do not result in any adjudication of guilty and can be used in every Michigan court including 41A District (Shelby and Sterling Heights), 41B District (Clinton Township), 42nd Districts (Romeo, New Baltimore), 44th District (Royal Oak) and the 34th District (Romulus). We have also successfully managed cases favorably for repeat and habitual offenders.

CALL Abdo Law for a FREE CONSULTATION. Do not hesitate to consult with our Macomb County drug crime lawyers for immediate answers to your most pressing questions and a same day appointment or jail visit if necessary. Phone messages after business hours are forwarded to our attorneys 7/24/365. Payment plans and all credit cards accepted.

CALL: Metro Detroit: 586-412-5555