Washington law makes it a crime for you to possess a fraudulent prescription if you exhibit an intent to obtain a controlled substance. The offense is a serious felony that is punishable by a state prison term of up to two years. Please contact a skilled criminal defense attorney now if you or a loved one is facing any type of drug crime.

What is the Crime of Possessing a Fraudulent Prescription?

RCW 69.50.403(1)(h) is the Washington statute that sets forth the law on having a fraudulent medical prescription. The law states that it is a crime for you to:

  1. Possess a false or fraudulent medical prescription, and
  2. Do so with the intent to obtain a controlled substance.

For purposes of this statute, “posses” means to have a prescription on your immediate person (for example, in a backpack that you’re carrying). But keep in mind that you can also have “constructive possession” of a prescription. This is where you don’t have actual physical possession of a prescription, but you do have one in your control. For example, you have constructive possession of a prescription if you have one in your closet at home or in a car.

Further, for the purpose of this statute, a “controlled substance” is a drug or chemical that is regulated by the U.S. under the Controlled Substances Act.

Examples of a controlled substance include:

  • Cocaine,
  • Heroin,
  • Crack,
  • LSD, and
  • Peyote.

What are the Penalties?

Possessing a false prescription is a Class C felony under Washington law. The crime is punishable by:

  • Imprisonment in state prison for up to two years, and/or
  • A maximum fine of $2,000.

Can a Defendant Raise a Legal Defense?

Yes. You can challenge a possession charge with a legal defense. Recall that you’re only guilty of this crime if you have a fraudulent prescription with the intent to obtain a controlled substance. Thus, you can contest a charge by showing that, while you may have possessed a false prescription, you didn’t intend to get a drug.

You can also challenge a charge by showing that the police violated one of your constitutional rights. For example, may the authorities:

  • Arrested you without probable cause,
  • Conducted an illegal search and seizure, or
  • Coerced a confession.

A judge might reduce or dismiss your criminal charges in any one of these scenarios.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a drug charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced drug crime attorneys at Black & Askerov have over 30 years of combined experience defending clients on various drug offenses. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Our attorneys will fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!