Forging Prescriptions and Orders for Drugs of Dependence
– section 77 of the Drugs, Poisons and Controlled Substances Act 1981
This offence is when you make a fake prescription for medication that is considered a drug of dependence. Or when you change the details on an existing prescription.
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?”
LegislationThe section that covers this offence is section 77 of the Drugs, Poisons and Controlled Substances Act 1981.
- No prescriptions or orders for drugs of dependence were forged.
- You did not fill the prescription.
Questions in cases like this
- Did you change anything on your prescription?
- Can they prove that you forged a prescription?
The maximum penalty for this offence is a fine of 20 penalty units or level 8 imprisonment (1 year), or both.
What can you be sentenced to for this charge?You will most likely incur a fine if found guilty of this offence. However in serious cases or for repeat offences you may also get a prison sentence.
Other Important Resources
- Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Bill 1990
- Sentencing: the distinction between trafficking and cultivating a commercial quantity of cannabis