The illicit possession of controlled substances is a serious criminal act in California. The courts in California consider drug possession to be illegal regardless of how the drugs are acquired. This means individuals can face charges if they purchase drugs or secure them by forging a prescription.
California Business & Professions Code Section 4324(b): Possession of Drugs Secured by Forged Prescription charges can be very serious. You can find out more about the specific definition of BPC 4234(b) right here.
The professionals at the Simmrin Law Group can also help you go over the penalties for a BPC 4324(b) conviction. You can even review some possible legal defenses against possession of drugs secured by forged prescription charges.
The Definition of BPC 4324(b) Charges in California
California uses Business & Professions Code Section 11350: Possession of Controlled Substances to make drug possession a criminal offense. BPC 4324(b) builds on this law by specifically criminalizing the possession of drugs secured by a forged prescription.
Individuals may forge prescriptions if they:
- Sign Another Real Person’s Name on a Prescription
- Sign a Fake Person’s Name on a Prescription
- Alter a Legitimate Prescription
- Falsely Create a Prescription
Anyone who possesses drugs secured with a forged prescription can be charged under BPC 4324(b). Individuals can face this charge even if they did not forge the prescription themselves. However, if an individual does forge a prescription, they may face additional criminal charges under California Business & Professions Code Section 4324(a).
Examples of Possession of Drugs Secured by Forged Prescription Charges
Improve your understanding of BPC 4324(b) violations right here:
Man A frequently buys Vicodin from Man B. He never asks where Man B gets the Vicodin, so he is unaware that Man B secures the drugs with forged prescriptions. Man A is eventually stopped by the police after they watch him purchase the drugs. Even though he did not forge a prescription himself, he could be charged with possession of drugs secured by forged prescription.
Man C forges prescriptions for a number of different drugs. Some he sells and others he keeps for his own personal use. An undercover police officer eventually discovers what he is doing. He could face charges under BPC 4324(a) and BPC 4324(b). He might also be charged with possession for sale in the state of California.
Man D visits several doctors’ offices and lies about experiencing significant amounts of pain. He receives several prescriptions for pain killers. He may not be charged under BPC 4324(b), because the prescriptions were not forged, though he could face criminal charges for a violation of California Health and Safety Code Section 11173: Doctor Shopping.
Penalties for Possession of Drugs Secured by Forged Prescription
Individuals may face misdemeanor or felony charges for possession of drugs secured by forged prescription. Prosecutors may consider an individual’s criminal history along with the facts surrounding the current charge when deciding how to file a BPC 4324(b) charge.
Misdemeanor convictions for possession of drugs secured by forged prescription can lead to fines and up to 1 year of jail time. A felony conviction can have more serious consequences, including up to 3 years of jail time.
Possible Defenses to BPC 4324(a) Accusations
It can be challenging to build a defense to possession of drugs secured by forged prescription charges alone. Working with a criminal defense lawyer in Los Angeles can increase your odds of beating these charges. A lawyer may be able to demonstrate that:
You Should Not Have Been Searched for Illicit Drugs
Police officers in California are not supposed to search you without probable or reasonable cause. If you were searched without a warrant and for no reasonable cause, your lawyer may be able to block evidence brought against you. Without evidence to support the charges, your case could be dismissed.
You Utilized a Legitimate Prescription
Sometimes, there can be confusion regarding the legitimacy of a prescription, especially if the doctor’s office or the pharmacy made a mistake. If you obtained prescription medication with a prescription that was not forged, you should not be charged under BPC 4324(b).
Speak with a Legal Professional About BPC 4324(b) Charges Now
A conviction under California Business & Professions Code Section 4324(b): Possession of Drugs Secured by Forged Prescription can result in years behind bars. Make sure you’re ready to face a BPC 4324(b) accusation by contacting the Simmrin Law Group now. Our criminal defense lawyers in Los Angeles can offer you a FREE consultation.
Call us at (310) 896-2723, or fill out our online contact form to begin building your defense.