Have you been charged with Fraudulently Obtaining Regulated Drugs in Georgia? There are many ways to be charged or convicted of this offense. One example would be obtaining prescription drugs by using someone else’s name, or picking up prescription drugs for them but then keeping them for yourself. Another way to be charged with this crime is forging a drug prescription.
Criminal Legal Definition
You can be charged with the drug crime O.C.G.A. § 16-13-78 when you misrepresent information to get a dangerous drug (defined below). For example, this offense can occur when you use somebody else’s name to obtain a drug or forge a drug prescription. There are many situations where this drug charge can arise, but typically this drug charge arises from fraudulently obtaining prescription drugs.
The full text of O.C.G.A. § 16-13-78 states:
(a) No person shall obtain or attempt to obtain any dangerous drug or attempt to procure the administration of any such drug by:
(1) Fraud, deceit, misrepresentation, or subterfuge;
(2) The forgery or alteration of any prescription or of any written order;
(3) The concealment of a material fact; or
(4) The use of a false name or the giving of a false address.
O.C.G.A. §16-13-71 defines a “dangerous drug” as any drug other than a drug contained in any schedule of Article 2 of this chapter, which, under the federal Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C. Section 301, et seq., as amended, may be dispensed only upon prescription. In any civil or criminal action or other proceedings, a certification from the Food and Drug Administration of the United States Department of Health and Human Services attesting to the fact that a drug other than a drug contained in any schedule of Article 2 of this chapter involved in the action or proceeding is a dangerous drug that federal law prohibits dispensing of without a prescription pursuant to the federal Food, Drug, and Cosmetic Act shall be admissible as prima-facie proof that such drug is a “dangerous drug.”
If convicted of violating § 16-13-78, you will be convicted of a misdemeanor. Misdemeanors are punished by a fine not exceeding $1,000 or by jail time not exceeding 12 months or both.
I Had Consent: In a situation where you picked up your friend’s prescription for drugs and the prosecutor is trying to say you intended to keep the drugs, they would be relying on you misrepresenting your intentions with the drugs to give the prescription drugs to your friend. If your criminal defense attorney says that your friend consented to you picking the drugs up for them, and the prosecutor has no way of proving you intended to keep the prescription drugs, they have no drug case.
CONTACT BIXON LAW TODAY
If you have been charged with a drug crime and need the best local criminal defense attorney, give Bixon Law a call today to speak to one of our experienced Georgia criminal defense lawyers. We will vigorously defend your criminal defense rights, and advocate on your behalf to have your criminal case dismissed or your charges reduced. As experienced trial attorneys, we are not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations, and we invite you to call us at (404) 551-5684 for a free consultation on your case today.