| § 18.2-258.1 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-258.1
Drug Law in Virginia 18.2-258.1
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Obtaining drugs, procuring administration of controlled substances, etc., by
fraud, deceit or forgery.
fraud, deceit or forgery.
A. It shall be unlawful for any person to obtain or attempt to obtain any drug or
procure or attempt to procure the administration of any controlled substance or
marijuana: (i) by fraud, deceit, misrepresentation, embezzlement, or
subterfuge; or (ii) by the forgery or alteration of a prescription or of any written
order; or (iii) by the concealment of a material fact; or (iv) by the use of a false
name or the giving of a false address.
B. It shall be unlawful for any person to furnish false or fraudulent information in
or omit any information from, or willfully make a false statement in, any
prescription, order, report, record, or other document required by Chapter 34 (§
54.1-3400 et seq.) of Title 54.1.
C. It shall be unlawful for any person to use in the course of the manufacture or
distribution of a controlled substance or marijuana a license number which is
fictitious, revoked, suspended, or issued to another person.
D. It shall be unlawful for any person, for the purpose of obtaining any
controlled substance or marijuana, to falsely assume the title of, or represent
himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist,
veterinarian or other authorized person.
E. It shall be unlawful for any person to make or utter any false or forged
prescription or false or forged written order.
F. It shall be unlawful for any person to affix any false or forged label to a
package or receptacle containing any controlled substance.
G. This section shall not apply to officers and employees of the United States,
of this Commonwealth or of a political subdivision of this Commonwealth
acting in the course of their employment, who obtain such drugs for
investigative, research or analytical purposes, or to the agents or duly
authorized representatives of any pharmaceutical manufacturer who obtain
such drugs for investigative, research or analytical purposes and who are
acting in the course of their employment; provided that such manufacturer is
licensed under the provisions of the Federal Food, Drug and Cosmetic Act; and
provided further, that such pharmaceutical manufacturer, its agents and duly
authorized representatives file with the Board such information as the Board
may deem appropriate.
H. Except as otherwise provided in this subsection, any person who shall
violate any provision herein shall be guilty of a Class 6 felony.
Whenever any person who has not previously been convicted of any offense
under this article or under any statute of the United States or of any state
relating to narcotic drugs, marijuana, or stimulant, depressant, or
hallucinogenic drugs, or has not previously had a proceeding against him for
violation of such an offense dismissed, or reduced as provided in this section,
pleads guilty to or enters a plea of not guilty to the court for violating this section,
upon such plea if the facts found by the court would justify a finding of guilt, the
court may place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to be evaluated and
enter a treatment and/or education program, if available, such as, in the opinion
of the court, may be best suited to the needs of the accused. This program may
be located in the judicial circuit in which the charge is brought or in any other
judicial circuit as the court may provide. The services shall be provided by a
program certified or licensed by the Department of Mental Health, Mental
Retardation and Substance Abuse Services. The court shall require the person
entering such program under the provisions of this section to pay all or part of
the costs of the program, including the costs of the screening, evaluation,
testing and education, based upon the person's ability to pay unless the
person is determined by the court to be indigent.
As a condition of supervised probation, the court shall require the accused to
remain drug free during the period of probation and submit to such tests during
that period as may be necessary and appropriate to determine if the accused is
drug free. Such testing may be conducted by the personnel of any screening,
evaluation, and education program to which the person is referred or by the
supervising agency.
Unless the accused was fingerprinted at the time of arrest, the court shall order
the accused to report to the original arresting law-enforcement agency to
submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt
upon the felony and proceed as otherwise provided. Upon fulfillment of the
terms and conditions of probation, the court shall find the defendant guilty of a
Class 1 misdemeanor.
(1977, c. 558; 1979, c. 435; 1992, c. 76; 1997, c. 542.)
procure or attempt to procure the administration of any controlled substance or
marijuana: (i) by fraud, deceit, misrepresentation, embezzlement, or
subterfuge; or (ii) by the forgery or alteration of a prescription or of any written
order; or (iii) by the concealment of a material fact; or (iv) by the use of a false
name or the giving of a false address.
B. It shall be unlawful for any person to furnish false or fraudulent information in
or omit any information from, or willfully make a false statement in, any
prescription, order, report, record, or other document required by Chapter 34 (§
54.1-3400 et seq.) of Title 54.1.
C. It shall be unlawful for any person to use in the course of the manufacture or
distribution of a controlled substance or marijuana a license number which is
fictitious, revoked, suspended, or issued to another person.
D. It shall be unlawful for any person, for the purpose of obtaining any
controlled substance or marijuana, to falsely assume the title of, or represent
himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist,
veterinarian or other authorized person.
E. It shall be unlawful for any person to make or utter any false or forged
prescription or false or forged written order.
F. It shall be unlawful for any person to affix any false or forged label to a
package or receptacle containing any controlled substance.
G. This section shall not apply to officers and employees of the United States,
of this Commonwealth or of a political subdivision of this Commonwealth
acting in the course of their employment, who obtain such drugs for
investigative, research or analytical purposes, or to the agents or duly
authorized representatives of any pharmaceutical manufacturer who obtain
such drugs for investigative, research or analytical purposes and who are
acting in the course of their employment; provided that such manufacturer is
licensed under the provisions of the Federal Food, Drug and Cosmetic Act; and
provided further, that such pharmaceutical manufacturer, its agents and duly
authorized representatives file with the Board such information as the Board
may deem appropriate.
H. Except as otherwise provided in this subsection, any person who shall
violate any provision herein shall be guilty of a Class 6 felony.
Whenever any person who has not previously been convicted of any offense
under this article or under any statute of the United States or of any state
relating to narcotic drugs, marijuana, or stimulant, depressant, or
hallucinogenic drugs, or has not previously had a proceeding against him for
violation of such an offense dismissed, or reduced as provided in this section,
pleads guilty to or enters a plea of not guilty to the court for violating this section,
upon such plea if the facts found by the court would justify a finding of guilt, the
court may place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to be evaluated and
enter a treatment and/or education program, if available, such as, in the opinion
of the court, may be best suited to the needs of the accused. This program may
be located in the judicial circuit in which the charge is brought or in any other
judicial circuit as the court may provide. The services shall be provided by a
program certified or licensed by the Department of Mental Health, Mental
Retardation and Substance Abuse Services. The court shall require the person
entering such program under the provisions of this section to pay all or part of
the costs of the program, including the costs of the screening, evaluation,
testing and education, based upon the person's ability to pay unless the
person is determined by the court to be indigent.
As a condition of supervised probation, the court shall require the accused to
remain drug free during the period of probation and submit to such tests during
that period as may be necessary and appropriate to determine if the accused is
drug free. Such testing may be conducted by the personnel of any screening,
evaluation, and education program to which the person is referred or by the
supervising agency.
Unless the accused was fingerprinted at the time of arrest, the court shall order
the accused to report to the original arresting law-enforcement agency to
submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt
upon the felony and proceed as otherwise provided. Upon fulfillment of the
terms and conditions of probation, the court shall find the defendant guilty of a
Class 1 misdemeanor.
(1977, c. 558; 1979, c. 435; 1992, c. 76; 1997, c. 542.)