2006 Code of Virginia § 18.2-258.1 - Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forge...

18.2-258.1. Obtaining drugs, procuring administration of controlledsubstances, etc., by fraud, deceit or forgery.

A. It shall be unlawful for any person to obtain or attempt to obtain anydrug or procure or attempt to procure the administration of any controlledsubstance or marijuana: (i) by fraud, deceit, misrepresentation,embezzlement, or subterfuge; or (ii) by the forgery or alteration of aprescription or of any written order; or (iii) by the concealment of amaterial fact; or (iv) by the use of a false name or the giving of a falseaddress.

B. It shall be unlawful for any person to furnish false or fraudulentinformation in or omit any information from, or willfully make a falsestatement in, any prescription, order, report, record, or other documentrequired 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 themanufacture or distribution of a controlled substance or marijuana a licensenumber which is fictitious, revoked, suspended, or issued to another person.

D. It shall be unlawful for any person, for the purpose of obtaining anycontrolled substance or marijuana, to falsely assume the title of, orrepresent 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 forgedprescription or false or forged written order.

F. It shall be unlawful for any person to affix any false or forged label toa package or receptacle containing any controlled substance.

G. This section shall not apply to officers and employees of the UnitedStates, of this Commonwealth or of a political subdivision of thisCommonwealth acting in the course of their employment, who obtain such drugsfor investigative, research or analytical purposes, or to the agents or dulyauthorized representatives of any pharmaceutical manufacturer who obtain suchdrugs for investigative, research or analytical purposes and who are actingin the course of their employment; provided that such manufacturer islicensed under the provisions of the Federal Food, Drug and Cosmetic Act; andprovided further, that such pharmaceutical manufacturer, its agents and dulyauthorized representatives file with the Board such information as the Boardmay deem appropriate.

H. Except as otherwise provided in this subsection, any person who shallviolate any provision herein shall be guilty of a Class 6 felony.

Whenever any person who has not previously been convicted of any offenseunder this article or under any statute of the United States or of any staterelating to narcotic drugs, marijuana, or stimulant, depressant, orhallucinogenic drugs, or has not previously had a proceeding against him forviolation of such an offense dismissed, or reduced as provided in thissection, pleads guilty to or enters a plea of not guilty to the court forviolating this section, upon such plea if the facts found by the court wouldjustify a finding of guilt, the court may place him on probation upon termsand conditions.

As a term or condition, the court shall require the accused to be evaluatedand enter a treatment and/or education program, if available, such as, in theopinion of the court, may be best suited to the needs of the accused. Thisprogram may be located in the judicial circuit in which the charge is broughtor in any other judicial circuit as the court may provide. The services shallbe provided by a program certified or licensed by the Department of MentalHealth, Mental Retardation and Substance Abuse Services. The court shallrequire the person entering such program under the provisions of this sectionto pay all or part of the costs of the program, including the costs of thescreening, evaluation, testing and education, based upon the person's abilityto pay unless the person is determined by the court to be indigent.

As a condition of supervised probation, the court shall require the accusedto remain drug free during the period of probation and submit to such testsduring that period as may be necessary and appropriate to determine if theaccused is drug free. Such testing may be conducted by the personnel of anyscreening, evaluation, and education program to which the person is referredor by the supervising agency.

Unless the accused was fingerprinted at the time of arrest, the court shallorder the accused to report to the original arresting law-enforcement agencyto submit to fingerprinting.

Upon violation of a term or condition, the court may enter an adjudication ofguilt upon the felony and proceed as otherwise provided. Upon fulfillment ofthe terms and conditions of probation, the court shall find the defendantguilty of a Class 1 misdemeanor.

(1977, c. 558; 1979, c. 435; 1992, c. 76; 1997, c. 542.)

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