Issuing, obtaining, or attempting to obtain a false (forged, altered, or unauthorized) prescription to obtain drugs (narcotics, controlled substances)—or otherwise deceptively or fraudulently obtaining or attempting to obtain a prescription for a controlled substance—is a crime in every state, and in many states it is a felony offense punishable by jail or prison time. Some common forms of prescription fraud include:
(1) forging a prescription or increases the prescribed quantity of a dangerous drug in a prescription;
(2) issuing a prescription bearing a forged or fictitious signature;
(3) obtaining or attempting to obtain a dangerous drug by using a forged, fictitious, or altered prescription;
(4) obtaining or attempting to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or
(5) possessing a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call;
(6) obtaining or attempting to obtain a prescription from a health care provider without disclosing the existence of a current prescription for the same or similar drug or by another health care provider (doctor shopping).
Prescription drug fraud laws are usually located in a state’s statutes. Prescription drug fraud is also a crime under federal law. See 21 U.S. Code §843.
In Maine, obtaining or attempting to obtain prescription drugs through fraudulent means, such as using a forged, altered, or unauthorized prescription, is illegal and constitutes a crime under state law. This includes forging a prescription, using a prescription with a forged signature, acquiring drugs through a fraudulent prescription or telephone call, and 'doctor shopping' to obtain overlapping prescriptions. These actions are considered violations of Maine's Controlled Substances Act, specifically under Title 17-A, which is Maine's Criminal Code, and can lead to charges ranging from misdemeanors to felonies depending on the severity of the offense and the quantity of drugs involved. Penalties can include fines, imprisonment, or both. Additionally, prescription drug fraud is a federal offense under 21 U.S. Code § 843, which prohibits the forgery, alteration, or fraudulent acquisition of prescriptions for controlled substances. Violations of federal law can result in significant penalties, including federal prison time.