Author: Kristina Kothrakis
Practice area: drug offences
Kristina is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist with over 18 years of criminal defence experience. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Kristina authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Forging Prescriptions and Orders for Drugs of Dependence?
This offence criminalises dishonest interference with prescriptions or orders for drugs of dependence under section 77 of the Drugs, Poisons and Controlled Substances Act 1981. It is directed at conduct that undermines the lawful regulation and supply of controlled medications.
Key points
- What must be proved: Intentional involvement with a forged or altered prescription or order for a drug of dependence.
- Type of conduct: Forging, altering, or knowingly using a prescription or order dishonestly.
- Usual Court: Magistrates’ Court.
The maximum penalty for Forging Prescriptions and Orders for Drugs of Dependence is a fine of 20 penalty units ($4,182.00 — as at 2026–27) or level 8 imprisonment (1 year), or both.
Common defences may include no prescription or order was forged or altered, or the prescription was not filled or used.
Have you been accused of Forging Prescriptions and Orders for Drugs of Dependence?
Police Interview
If the police suspect you have forged prescriptions and orders for drugs of dependence, they will want to conduct a formal interview. They will either telephone you to make an appointment or they will attend your home or place of employment to arrest you and take you to a police station.
Before the interview is started, you will be given an opportunity to speak to a lawyer. Do not approach this casually and think that you can handle this process without speaking with a lawyer first. The interview process is designed to help police compile their evidence against you, it is not designed to assist you.
Our lawyers have experience in attending police interviews. We know what they are likely to say and do and we know what your rights and obligations are. We can provide you with detailed advice on the interview process and step you through your options for responding to police questions. For a charge of this kind, it is likely police already have documents or material as well as statements from people that they will say supports a charge against you.
Pleading Not Guilty
If you have been charged with forging prescriptions and orders for drugs of dependence, the next step is to obtain advice from a lawyer about defending the allegation. The police will compile a brief containing evidence they say proves the charge of forging prescripts and orders for drugs of dependence. At Doogue + George Defence Lawyers, we take the time to carefully consider the brief and provide you with comprehensive legal advice on your best strategy for defending the charge against you.
Pleading Guilty
Before making the decision to plead guilty to a charge of this kind, it is essential that you get advice from a lawyer. At Doogue + George Defence Lawyers, we will review the evidence against you and ensure that the charge of making false statement is the appropriate charge, that all the elements of the offence are made out and no defences are available to you.
Then we will assist you to prepare for your plea hearing. We will:
- Obtain character references,
- Take detailed instructions from you about your personal history and the circumstances that lead to the offending, and
- Direct you to offence specific course.
We will prepare a plea to present to the Magistrate to ensure you receive the lowest possible penalty available to you.
Sentencing
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 77(1) — 62 charges across 19 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Community Correction Order | 59.7% |
| Imprisonment | 17.7% |
| Fine | 12.9% |
| Adjourned Undertaking | 9.7% |
The data demonstrates that custody is a real possibility, although courts more frequently impose structured, community-based supervision. The sentence will depend on factors such as the quantity involved, prior history, any underlying substance issues and steps taken toward rehabilitation. Careful preparation and evidence of treatment can play a significant role in influencing the outcome.
Which court will the case be heard in?
Forging prescriptions and orders for drugs of dependence is heard in the Magistrates’ Court.
What is the legal definition of Forging Prescriptions and Orders for Drugs of Dependence?
A person intentionally forged, attempted to forge a prescription or presented a forged prescription for the purpose of obtaining a drug of dependence.
Examples of Forging Prescriptions and Orders for Drugs of Dependence
- A woman makes a fake prescription for sleeping tablets.
- A man changes the quantity of codeine based pain killers he has been prescribed.
How do they prove you did anything?
Legislation
The section that covers this offence is section 77 of the Drugs, Poisons and Controlled Substances Act 1981.
Defences
- No prescriptions or orders for drugs of dependence were forged.
- You did not fill the prescription.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- Did you change anything on your prescription?
- Can they prove that you forged a prescription?
Maximum penalty for section 77 of the Drugs, Poisons and Controlled Substances Act 1981
The maximum penalty for Forging Prescriptions and Orders for Drugs of Dependence (s77 of the Drugs, Poisons and Controlled Substances Act 1981) is a fine of 20 penalty units ($4,182.00 — as at 2026–27) or level 8 imprisonment (1 year), or both.
