Fraudulent Acquisition of Controlled Substances in Illinois
In Illinois, it is illegal to fraudulently acquire or attempt to acquire controlled substances. This offense falls under the Illinois Controlled Substances Act and is classified as a Class 4 felony.
What the Law States
Under [720 ILCS 570/406(b)(3, it is unlawful for any person:
To acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.
Controlled substances refer to drugs classified in Schedules I-V under the Controlled Substances Act. This includes substances like cocaine, heroin, LSD, prescription painkillers and more.The law prohibits acquiring or trying to acquire these substances through fraudulent means. This covers a range of deceptive tactics like:
- Using a fake prescription
- Stealing a doctor’s prescription pad and forging prescriptions
- Altering a legitimate prescription to get more drugs
- Lying to a doctor to obtain drugs for non-medical use
- Impersonating a doctor or pharmacist to call in fake prescriptions
- Stealing drugs from pharmacies or medical facilities
Simply attempting to obtain drugs fraudulently constitutes an offense, even if the person is unsuccessful.
Penalties
Fraudulent acquisition of a controlled substance is a [Class 4 felony] in Illinois. Penalties include:
- 1-3 years in prison
- Up to $25,000 in fines
- Probation for up to 30 months
Penalties are harsher if the offense involves prescription forms. Fraudulently acquiring prescription forms is a [Class 3 felony], punishable by:
- 2-5 years in prison
- Up to $25,000 in fines
Other factors can enhance the penalties as well, such as prior drug offenses, amount of drugs involved, and whether minors were targeted.
Real World Examples
There are many real world examples of people charged with fraudulent acquisition of controlled substances:
- A man was charged after using photocopied prescriptions to obtain oxycodone from multiple pharmacies. He altered the quantities and number of refills on the photocopies.
- A pharmacist was convicted of calling in fake hydrocodone prescriptions to other pharmacies under false patient names and picking up the drugs himself.
- A woman stole a prescription pad from a veterinary clinic and wrote prescriptions for herself using animal names. She filled the prescriptions at local pharmacies.
- A nurse was caught forging prescriptions for fentanyl patches on slips from the hospital she worked at. She used the names of real doctors without their knowledge.
- A pharmacy technician was found stealing hydrocodone pills that were already counted and ready for pickup by patients. The thefts were uncovered during a routine audit.
Defenses
There are several defenses that may apply in fraudulent acquisition cases:
Lack of intent – The prosecution must prove the person knowingly intended to acquire controlled substances through fraud. If the conduct was unintentional, it may not meet criteria for criminal charges.
Coercion – Defendants can argue they were forced or coerced into the activity by threats of harm. This could apply in cases of domestic violence.
Necessity – There may be arguments the illegal conduct was necessary for self-preservation or to prevent greater harm. This is difficult to prove.
Misidentification – In cases of stolen prescription pads or identity theft, the defendant can claim they were mistakenly identified and did not commit the fraudulent prescriptions.
Procedural errors – If there were issues with the arrest, search procedures, chain of custody or testing of drugs, the evidence could potentially be suppressed. This may lead to reduced or dismissed charges.
Avoiding Charges
The best way to avoid charges for fraudulent acquisition of controlled substances is simply not to do it. However, those struggling with addiction may feel desperate to obtain drugs by any means. There are better options, such as seeking professional treatment programs, counseling and utilizing legitimate prescription medications under proper medical supervision.For medical practitioners, carefully securing prescription pads, forms and medications is crucial to prevent theft and fraud. Pharmacies need thorough auditing procedures to identify potential diversion or theft quickly.While the penalties seem harsh, the laws aim to curb the epidemic of prescription drug abuse. Still, each case requires examining the specific circumstances and evidence. With an experienced criminal defense attorney, some charges may be reduced or dismissed.