Prescription Drug Fraud in New York: Charges for Forged Prescriptions

Thanks for visiting Federal Lawyers – a second-generation criminal defense firm managed by our lead attorney, with over 50 years of combined experience defending prescription fraud cases throughout New York. Forging a prescription might seem like a minor offense – just trying to get medication. But prosecutors charge it as criminal possession of a forged instrument, a Class D felony carrying up to seven years in prison. If the fraud involves more than $3,000 in medications, you’re facing criminal diversion charges with up to fifteen years.

This article explains what actions constitute prescription fraud, the specific statutes prosecutors use, the penalties for each degree, and the 2025 changes that make prescription fraud easier to detect. We’re covering what matters when prosecutors charge you with prescription fraud.

What Constitutes Prescription Fraud in New York

Forging prescriptions: Creating false prescriptions, altering legitimate prescriptions, or using stolen prescription pads. Possessing the forged prescription is the crime.

Using false identity: Giving pharmacists fake names or falsely representing yourself as a licensed medical professional.

Doctor shopping: Visiting multiple doctors to obtain duplicate prescriptions without informing them. New York’s Prescription Monitoring Program tracks this.

Fraudulent refills: Calling pharmacies claiming to be a doctor’s office and authorizing refills, or claiming prescriptions were lost to get duplicates.

Penal Law 178.26: Fraud and Deceit Related to Controlled Substances

New York Penal Law § 178.26 specifically addresses prescription fraud for controlled substances. It’s the most commonly charged prescription fraud statute.

Prosecutors must prove you made or uttered a false prescription, or obtained controlled substances through fraud. “Uttering” means presenting a forged prescription as legitimate.

Class A misdemeanor. Maximum 364 days jail. Fine up to $1,000 (doubled if you gained money). First-timers often get probation or diversion. Repeat offenders get 90 days to one year jail.

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Possessing a forged prescription creates presumption you intended to use it illegally. You don’t need to have filled it – merely possessing is enough.

Legal Scenario: What Would You Do?

Scenario

A pharmacy technician calls you after her shift, panicking because detectives just showed up at the pharmacy asking about prescriptions she filled for her boyfriend using a doctor's old prescription pad. She changed the dates and medication names on several scripts over the past three months to obtain oxycodone.

Can I really be charged with a felony just for writing a different date and drug name on a prescription pad?

Attorney's Answer

Altering a prescription in any way — changing the date, drug name, dosage, or quantity — constitutes criminal possession of a forged instrument in the second degree under New York Penal Law § 170.25, which is a Class D felony carrying up to 7 years in prison. Because you filled multiple altered prescriptions over several months, prosecutors could charge each script as a separate count and may also add charges for criminal possession of a controlled substance under PL § 220.09. However, a strong defense strategy could challenge the chain of custody on the physical prescriptions, argue lack of intent if there was a legitimate medical need, or negotiate for a drug treatment alternative-to-incarceration program under NYPL § 216.05. We have successfully helped clients in similar situations avoid prison by presenting mitigating circumstances and pursuing diversion programs early in the process.

This is general information only. Contact us for advice specific to your situation.

Criminal Possession of a Forged Instrument: The Felony Charge

When prescriptions are involved, prosecutors can charge under Article 170 – Forgery and Related Offenses. These are felony charges with prison time.

Third-degree (PL 170.20): Class E felony, one to four years. Applies when you knowingly possess a forged prescription with intent to defraud.