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 New Mexico (NM), prescription fraud is considered a serious offense and is addressed under various statutes. According to the New Mexico Controlled Substances Act, it is illegal to forge, alter, or use a false prescription to obtain controlled substances, which includes narcotics and other regulated drugs. The acts of forging a prescription, using a forged signature, obtaining drugs through a fraudulent prescription or call, and doctor shopping are all forms of prescription fraud. The penalties for these offenses can range from misdemeanor to felony charges, depending on factors such as the quantity of the drug obtained and the offender's criminal history. Convictions may result in fines, probation, or imprisonment. Additionally, under federal law, specifically 21 U.S. Code §843, it is a crime to commit prescription fraud, and offenders can face federal charges that may carry severe penalties, including federal prison time. Individuals charged with prescription fraud in New Mexico should seek the advice of an attorney to understand the specific charges and potential defenses available to them.