N.Y. Penal Law 178.26 – Fraud and deceit related to controlled substances
§ 178.26 Fraud and deceit related to controlled substances.
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $1,000 |
Terms Used In N.Y. Penal Law 178.26
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
1. No person shall willfully:
(a) obtain or attempt to obtain a controlled substance, a prescription for a controlled substance or an official New York state prescription form,
(i) by fraud, deceit, misrepresentation or subterfuge; or
(ii) by the concealment of a material fact; or
(iii) by the use of a false name or the giving of a false address;
(b) make a false statement in any prescription, order, application, report or record required by Article 33 of the public health law;
(c) falsely assume the title of, or represent himself or herself to be a licensed manufacturer, distributor, pharmacy, pharmacist, practitioner, researcher, approved institutional dispenser, owner or employee of a registered outsourcing facility or other authorized person, for the purpose of obtaining a controlled substance as these terms are defined in Article 33 of the public health law;
(d) make or utter any false or forged prescription or false or forged written order;
(e) affix any false or forged label to a package or receptacle containing controlled substances; or
(f) imprint on or affix to any controlled substance a false or forged code number or symbol.
2. Possession of a false or forged prescription for a controlled substance by any person other than a pharmacist in the lawful pursuance of his or her profession shall be presumptive evidence of his or her intent to use the same for the purpose of illegally obtaining a controlled substance.
3. Possession of a blank official New York state prescription form by any person to whom it was not lawfully issued shall be presumptive evidence of such person's intent to use same for the purpose of illegally obtaining a controlled substance.
4. Any person who, in the course of treatment, is supplied with a controlled substance or a prescription therefor by one practitioner and who with the intent to deceive, intentionally withholds or intentionally fails to disclose the fact, is supplied during such treatment with a controlled substance or a prescription therefor by another practitioner shall be guilty of a violation of this article.
5. The provisions of subdivision one of § 3396 of the public health law shall apply to this section.
Fraud and deceit related to controlled substances is a class A misdemeanor.