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 Montana, prescription drug fraud is addressed under Montana Code Annotated (MCA) 45-9-101, which defines criminal possession of dangerous drugs. This includes obtaining or attempting to obtain a prescription drug by fraud, deceit, misrepresentation, or subterfuge. The acts of forging prescriptions, altering prescriptions, using a forged or fictitious signature, making fictitious or fraudulent phone calls to obtain drugs, and doctor shopping are all considered forms of prescription fraud and are illegal. Depending on the circumstances and the quantity of drugs involved, these offenses can range from misdemeanors to felonies, with penalties that may include fines, imprisonment, or both. Additionally, under federal law, specifically 21 U.S. Code § 843, it is a crime to commit acts that would constitute prescription fraud, such as forging prescriptions or obtaining controlled substances by fraud, which can lead to federal charges with their own set of penalties.