In Tennessee it is a crime for a citizen to acquire or obtain, or attempt to obtain possession of a controlled substance by fraud.
NASHVILLE CRIMINAL LAWYERS
QUILLEN, FLANAGAN & QUILLEN PRESCRIPTION DRUG FRAUD
Nashville, Tennessee
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It is a Class D felony for a citizen to acquire or obtain, or attempt to
acquire or attempt to obtain, possession of a controlled substance by
misrepresentation, fraud, forgery, deception or subterfuge.
Citizens charged with prescription drug fraud have typically been injured
on the job or in an auto accident and have been prescribed painkillers,
often hydrocodone. Addiction quickly follows and the citizen seeks
alternate doctors or a "pain clinic" which is basically in the business of
feeding this addiction.
OFFICE I-40 Exit 204
95 White Bridge Road
Suite 208
Nashville, TN 37205
(615) 356-1580
(615) 356-2567 FAX
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The statute and case law favor probation for a citizen convicted of prescription drug
fraud. Further, the statute specifically authorizes the judge to make treatment a
condition of probation.
Judicial Diversion is often an option for first-time offenders. Judicial Diversion enables
the accused to have his record expunged upon the successful completion of a
probationary period.
In a typical arrest scenario, a suspicious pharmacist calls the prescribing physician and
discovers that the prescription is bogus. The pharmacist calls Metro Nashville Police or
the Drug Task Force. Police set up surveillance at the pharmacy and wait for the addict
to arrive to pick up the prescription. The addict tries to talk his way out of trouble and
digs a deeper hole.
Tenn. Code Ann. § 53-11-402. Offenses; fines and penalties
(a) It is unlawful for any person knowingly or intentionally to:
(1) Distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant
to an order form as required by § 53-11-307;
(2) Use in the course of the manufacture or distribution of a controlled substance a registration
number which is fictitious, revoked, suspended or issued to another person;
(3) Acquire or obtain, or attempt to acquire or attempt to obtain, possession of a controlled
substance by misrepresentation, fraud, forgery, deception or subterfuge. Any person who violates
this subdivision may, upon first conviction, have such sentence suspended and may as a condition
of the suspension be required to participate in a program of rehabilitation at a drug treatment
facility operated by the state or a comprehensive community mental health center.
(4) Furnish false or fraudulent material information in, or omit any material information from, any
application, report or other document required to be kept or filed under parts 3 and 4 of this
chapter or title 39, chapter 17, part 4, or any record required to be kept by parts 3 and 4 of this
chapter or title 39, chapter 17, part 4; or
(5) Make, distribute or possess any punch, die, plate, stone or other thing designed to print,
imprint or reproduce the trademark, trade name, or other identifying mark, imprint or device of
another or any likeness of any of the foregoing upon any drug or container or labeling thereof so
as to render the drug a counterfeit substance.
(b)(1) A violation of this section is a Class D felony.
(2) Notwithstanding the provisions of § 40-35-111, relative to the authorized fine for a Class D
felony, the authorized fine for a violation of this section shall be as follows:
(A) For a violation involving a Schedule I or II controlled
substance ................................................. $100,000;
(B) For a violation involving a Schedule III or IV controlled
substance ................................................... 50,000;
(C) For a violation involving a Schedule V or VI controlled
substance .................................................... 5,000;
(D) For a violation involving a Schedule VII controlled
substance .................................................... 1,000;
(E) For any other violation of this section not involving a
scheduled controlled substance .............................. 20,000.
(3) Nothing contained in this section shall preclude a prosecution under the general drug laws.
(c) Any person who violates subdivision (a)(3) may, upon first conviction, have such sentence
suspended and may as a condition of the suspension be required to participate in a program of
rehabilitation at a drug treatment facility operated by the state or a comprehensive community
mental health center.
Attorney Kenneth Quillen accepts Visa, Mastercard, Discover and American Express.
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