Arizona Prescription Drug Fraud Defense | Kolsrud Law Offices
This article discusses the following:
- What is a Prescription Drug Fraud Charge
- How Common is Prescription Fraud?
- Types of Prescription Fraud
- What are Other Related Prescription Drug Charges
- Penalties for Prescription Drug Fraud
- What Might be Considered a Potential Red Flag on a Controlled Substance Prescription?
- Contact a Federal Defense Attorney
Prescription drug fraud involves the illegal acquisition of prescription medications through deceitful means such as forgery, doctor shopping, or impersonation of medical professionals.
The penalties for prescription drug fraud in Arizona are severe, including misdemeanors and felonies with potential imprisonment, hefty fines, and probation with mandatory drug testing under A.R.S. §13-3406.
Josh Kolsrud, founder of Kolsrud Law Offices, has extensive experience defending against fraud charges. With a background as a prosecutor handling thousands of felony cases and as an Assistant United States Attorney, Josh leverages his insider knowledge of federal prosecution tactics to develop defense strategies for his clients.
What is a Prescription Drug Fraud Charge
Prescription drug fraud involves the illegal acquisition of prescription medications through deceitful means.
In Arizona, this can include altering prescriptions, using fraudulent prescriptions, or impersonating medical personnel to obtain drugs.
Under Arizona Revised Statutes (A.R.S.) §13-3406, this crime can be classified as a misdemeanor or felony offense, which can lead to severe legal penalties.
How Common is Prescription Fraud?
Prescription fraud is a significant issue both in Arizona and nationwide.
According to the National Institute on Drug Abuse (NIDA), approximately 8.7 million people in the United States reported misusing prescription pain relievers in the past year (National Institute on Drug Abuse).
In Arizona, prescription drug abuse has contributed heavily to the opioid crisis. The Arizona Criminal Justice Commission notes that prescription opioids are involved in a substantial number of opioid-related overdose deaths (National Institute on Drug Abuse) (CDC).
To combat this, Arizona has implemented the Controlled Substances Prescription Monitoring Program (CSPMP), which tracks prescription data to prevent fraud and abuse.
Types of Prescription Fraud
Prescription fraud can occur in various forms, each involving different deceptive tactics to illegally obtain medications.
Below are some common types of prescription fraud:
① Prescription Forgery
Prescription forgery involves creating or altering a prescription to obtain medications. This can include forging a doctor's signature, changing the dosage or quantity of a legitimate prescription, or using stolen prescription pads to write fake prescriptions.
② Doctor Shopping
Doctor shopping occurs when an individual visits multiple healthcare providers to obtain several prescriptions for the same medication, often without the doctors knowing about the other prescriptions.
③ Impersonation
Impersonation involves pretending to be a healthcare professional to write or fill prescriptions. This type of fraud is particularly dangerous as it not only involves illegal acquisition of drugs but also compromises the integrity of medical practices.
④ Pharmacy Theft
Pharmacy theft involves stealing prescription pads, medications, or other pharmaceutical supplies directly from pharmacies. This type of fraud can include breaking into pharmacies or illegally obtaining supplies from within a pharmacy. It is a criminal act with significant penalties, including imprisonment and hefty fines
What are Other Related Prescription Drug Charges
In addition to prescription fraud, several other charges are related to the misuse and illegal handling of prescription medications.
Here are some of the key related charges under Arizona law:
⑴ Possession of a Prescription-Only Drug Without a Valid Prescription
Under A.R.S. §13-3406(A)(1), it is illegal to possess or use a prescription-only drug without a valid prescription from a licensed medical professional. This charge is classified as a Class 1 misdemeanor.
⑵ Possession with Intent to Distribute
Possessing a prescription-only drug with the intent to sell or distribute without proper licensing is a serious offense under A.R.S. §13-3406(A)(2). This is considered a Class 6 felony and carries significant penalties, including potential imprisonment and fines.
⑶ Distribution of a Misbranded Drug
Distributing a misbranded drug, as defined in A.R.S. §13-3406(A)(9), is a Class 4 felony. Misbranding can include incorrect labeling or packaging of prescription drugs, which can lead to dangerous misuse and public health risks.
⑷ Possession of Equipment for Manufacturing
Possessing equipment and chemicals intended for the manufacturing of prescription drugs without proper licensing is a Class 1 misdemeanor under A.R.S. §13-3406(A)(3). This charge addresses the illegal production of prescription medications, often linked to more extensive drug manufacturing operations
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Penalties for Prescription Drug Fraud
Prescription drug fraud is treated seriously in Arizona, with strict penalties outlined under A.R.S. §13-3406. Here are the specific penalties associated with various violations:
Class 4 Felony
- A violation of subsection A, paragraph 9, which involves manufacturing, selling, or distributing a misbranded drug, is classified as a Class 4 felony. This carries severe consequences including potential imprisonment and fines.
Class 6 Felony
- Violations of subsection A, paragraphs 2 and 7 are considered Class 6 felonies. These involve possessing a prescription-only drug for sale without proper licensing and transporting, importing, selling, or transferring a prescription-only drug without authorization.
Class 1 Misdemeanor
Several violations fall under the Class 1 misdemeanor category, including:
- Possessing or using a prescription-only drug without a valid prescription (subsection A, paragraph 1).
- Possessing equipment and chemicals for manufacturing a prescription-only drug without proper licensing (subsection A, paragraph 3).
- Manufacturing a prescription-only drug without a license (subsection A, paragraph 4).
- Administering a prescription-only drug to someone unlawfully (subsection A, paragraph 5).
- Obtaining or administering a prescription-only drug through fraud or deceit (subsection A, paragraph 6).
Class 2 Misdemeanor
- Possession or use of a misbranded drug, as outlined in subsection A, paragraph 8, is classified as a Class 2 misdemeanor.
Additional Penalties
- Mandatory Fine: Convicted individuals must pay a mandatory fine of $1,000, which cannot be suspended (subsection C).
- Probation and Drug Testing: Felony convictions may result in probation, with mandatory drug testing and restrictions on drug use (subsection D).
- Community Restitution: Individuals granted probation for Class 6 felonies (subsection A, paragraphs 2 or 7) must complete at least 240 hours of community service related to drug abuse treatment, medical treatment, or victim services (subsection E).
| Violation | Subsection | Penalty |
|---|---|---|
| Manufacture, sell, or distribute a misbranded drug | A, 9 | Class 4 Felony |
| Possess a prescription-only drug for sale without proper licensing | A, 2 | Class 6 Felony |
| Transport, import, sell, or transfer a prescription-only drug without authorization | A, 7 | Class 6 Felony |
| Possess or use a prescription-only drug without a valid prescription | A, 1 | Class 1 Misdemeanor |
| Possess equipment and chemicals for manufacturing a prescription-only drug without proper licensing | A, 3 | Class 1 Misdemeanor |
| Manufacture a prescription-only drug without a license | A, 4 | Class 1 Misdemeanor |
| Administer a prescription-only drug to someone unlawfully | A, 5 | Class 1 Misdemeanor |
| Obtain or administer a prescription-only drug through fraud or deceit | A, 6 | Class 1 Misdemeanor |
| Possess or use a misbranded drug | A, 8 | Class 2 Misdemeanor |
What Might be Considered a Potential Red Flag on a Controlled Substance Prescription?
Several indicators can suggest fraudulent activity, prompting further investigation by pharmacists and healthcare providers:
▶ Multiple Prescriptions
One of the most common red flags is when a patient presents multiple prescriptions for the same medication from different doctors.
This practice, known as "doctor shopping," is often used to obtain larger quantities of controlled substances than would be possible through a single provider.
According to the Arizona Prescription Monitoring Program, healthcare professionals are encouraged to check the state's Controlled Substances Prescription Monitoring Program (CSPMP) database to detect such patterns.
▶ Unusual Quantities
Prescriptions that request unusually high quantities of a medication, primarily controlled substances like opioids, can be a sign of fraud. Legitimate medical needs rarely require large amounts of these drugs, and such requests should be verified for medical necessity.
▶Early Refills
Requests for early refills of controlled substances, particularly when it happens repeatedly, are a significant red flag. Patients should typically not need refills before their medication is scheduled to run out. This behavior can indicate misuse, diversion, or addiction.
▶ Cash Payments
Patients who insist on paying in cash rather than using insurance may be attempting to avoid detection. Insurance claims create a record of the transaction, which can be scrutinized for patterns of abuse. The DEA highlights that cash payments for controlled substances are a common indicator of fraudulent activity.
▶ Inconsistent or Suspicious Behavior
Patients who exhibit nervous behavior, provide inconsistent information, or refuse to provide identification can also raise red flags.
Contact a Federal Defense Attorney
For expert defense against prescription drug fraud charges, reach out to Josh Kolsrud, founder of Kolsrud Law Offices. With a career starting at the Maricopa County Attorney’s Office, Josh handled thousands of felony cases, frequently earning "Attorney of the Month" for his trial work.
His experience in the Major Crimes and Repetitive Offender Bureau solidified his expertise in serious offenses. Josh has managed over 3,500 cases and more than 100 jury trials.
Kolsrud Law Offices offers a free consultation to discuss your case and explore your defense options. Contact us today at (602) 638-3790 for expert legal assistance in Phoenix, Mesa, and throughout Maricopa County
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Experience
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Expertise
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
Dedication
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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