Forging or altering a prescription for a narcotic drug
(Health & Safety Code 11368 HS)

California Health and Safety Code 11368 HS makes it a crime to:

  • forge or alter a prescription for narcotic drugs,
  • use a prescription with a forged signature to obtain or try to obtain narcotic drugs, or
  • possess narcotic drugs which were obtained with a forged prescription.1

Health and Safety Code 11368 is similar to Business and Professions Code 4324 BP, forging or altering a prescription.2 However, Health and Safety Code 11368 is a more serious crime. It can be charged when the prescription is for a narcotic drug, such as:

  • Opium,
  • Morphine,
  • Codeine,
  • Demerol,
  • Cocaine,
  • Fentanyl, or
  • Acetyl fentanyl.3

Examples:

  • Jerry steals a prescription pad from his dentist. He writes himself a prescription for codeine, and signs the dentist's name.
  • Olivia's doctor writes her a prescription for 6 tablets of Demerol. Janine adds a “0” to the prescription so that it says “60.”
  • Patrick buys Fentanyl (a powerful pain reliever) from someone he knows has obtained it with a forged prescription.

Penalties under Health and Safety Code 11368 HS

California Health and Safety Code 11368 is a California “wobbler” offense. It can be charged as a misdemeanor or a felony, in the prosecutor's discretion.

As a California misdemeanor, it can be punished by:

  • between six months and one year in county jail, and/or
  • a fine of up to $1,000.4

If charged as a California felony, however, it can be punished by:

Defenses to Health and Safety Code 11368 HS

Possible legal defenses to charges related to narcotic drug prescription forgeries include (but are not limited to):

  • Your prescription was legitimate,
  • You didn't know the prescription was forged or altered,
  • You had a forged prescription, but you didn't try to use it,
  • You didn't know the drugs you had were obtained by a forged/altered prescription,
  • You didn't know the drugs were there, or
  • The drugs were discovered in violation of California search and seizure laws.
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California law is strict when it comes to the unauthorized use of narcotic drugs. Federal law is even stricter.

Our attorneys include former prosecutors and cops. We understand the relationship between the many California and federal laws relating to the possession of narcotic drugs.

To help you better understand California's laws against obtaining narcotics with a forged or altered prescription, our criminal defense attorneys discuss the following, below:

  1. What does Health and Safety Code 11368 HS prohibit?
    1. The legal definition of “narcotic drug”
    2. The legal definition of “prescription”
    3. The legal definition of “utter”
    4. The legal definition of “possess”
      1. “Actual” possession
      2. “Constructive” possession
      3. “Joint” possession
  2. Elements of the Crime of Health and Safety Code 11368
    1. You forged or altered, or used a forged, prescription
    2. You possessed narcotics drugs obtained with a false prescription
    3. Proving knowledge under Health and Safety Code 11368
  3. Penalties under Health and Safety Code 11368 HS
  4. Defenses to Health and Safety Code 1368 HS
  5. Federal laws relating to prescriptions for narcotic drugs
    1. The Federal Controlled Substances Act – 21 USC 843
    2. Narcotic drug crimes and immigration
  6. Related California offenses
    1. Health & Safety Code 11173 & 11153 HS -- doctor shopping / prescription fraud
    2. Health and Safety Code 11350 HS - possession of a controlled substance
    3. Business and Professions Code 4324 BP – forging/altering a prescription
    4. Health and Safety Code 11156 HS - prescribing controlled substances to an addict
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1. What does Health and Safety Code 11368 HS prohibit?

California Health and Safety Code 11368 HS makes it a crime to:

  • forge, alter, issue, or utter an altered prescription for a narcotic drug;
  • issue or utter a narcotic drug prescription bearing a forged or fictitious signature; or
  • obtain or possess a narcotic drug as the result of a forged, fictitious, or altered prescription.6

1.1 The legal definition of “narcotic drug”

California Health and Safety Code 11019 HS defines “narcotic drug” to include opiates, cocaine and coca leaf derivatives and certain other drugs commonly abused by addicts.7

Drugs that meet this definition include (but are not limited to):

  • Heroin,
  • Cocaine,
  • Opium,
  • Morphine,
  • Codeine,
  • Demerol,
  • Cocaine,
  • Fentanyl, and
  • Acetyl fentanyl.8

1.2 The legal definition of “prescription”

California Health and Safety Code 11027 HS defines “prescription” as an order for a controlled substance given by the prescriber directly to the patient or to a furnisher (such as a pharmacy):

  • orally,
  • in writing, or
  • by electronic transmission (by either computer or fax).9

1.3 The legal definition of “utter”

Under California law, you “utter” a prescription when:

  1. you use, or attempt to use, a forged or altered prescription, and
  2. you represent -- through your words or conduct -- that it is genuine.10

Example: After Zach has surgery, his doctor gives him a prescription for antibiotics and Vicodin. Zach writes in an additional prescription for Oxycontin. When the pharmacist notes that this is a lot of pain medication, Zach innocently shrugs.

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1.4 The legal definition of “possess”

There are two main types of possession under California law: “actual” and “constructive possession.

Two or more people may actually or constructively possess something at the same time.11 When this happens, it is known as “joint” possession.

1.4.1 “Actual” possession

You have “actual” possession of a narcotic drug when you are holding or touching it, or you have immediate access to it.  This could mean it is somewhere on your body, or in something you are holding or wearing.

Example: Vera has a bottle of Demerol in her purse.  While she is holding her purse, or it is sitting right beside her, she has “actual” possession of the Demerol.

1.4.2 “Constructive” possession

You have “constructive” possession of something when you the right to control it – even if you can't immediately access it.12 It could be in your house, office, or car, or even in the care of someone else.

Example: While Vera is at work, she has “constructive” possession of any Demerol in her house. Even though she doesn't have immediate access to the drugs, she has the right to control them.

You might also have constructive possession of a narcotic drug if you have the right to control it through another person, known legally as your “agent.”13

Example: Vera gives Edward $200 and asks him to buy some Demerol from a guy they know that forges prescriptions. As soon as Edward takes possession of the Demerol for Vera, Vera has constructive possession of the drugs. Even though Edward currently has the drugs, they are hers.

However, merely agreeing to buy a narcotic drug does not give you control over it. You, or someone acting on your behalf, must actually take possession or exert the right to control them in some other way.14

1.4.3 “Joint” possession

Two or more people can share actual or constructive possession of narcotic drugs.  When they do, it is called “joint” possession.15

Example: Vera is sharing some of her Demerol with Edward, who is her live-in boyfriend. While Vera and Edward are taking the Demerol, they both  jointly and actually possess it – even though it belongs to Vera.

Alternatively, Vera might have stored the Demerol in the cabinet of the bathroom that she and Edward share. Since they both have control of the bathroom, they have joint constructive possession of the Demerol.

2. Elements of the Crime of Health and Safety Code 11368

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To prove you guilty under California Health and Safety Code 11368 HS, the prosecutor must prove various “elements of the crime.”

2.1 You forged or altered, or used a forged, prescription

When the charge under California Health and Safety Code 11368 is that you forged or altered -- or used a forged or altered -- prescription, the prosecution must show that:

1. You:

  • forged or altered a prescription, OR
  • gave someone a prescription that was altered or had a false or forged signature, OR
  • used (or tried to use) a forged/altered prescription to obtain drugs,

AND

2. The prescription was for a narcotic drug,

AND

3. If someone else forged or altered the prescription, you knew about it.16

2.2 You possessed narcotics drugs obtained with a false prescription

If the charge is that you possessed a narcotic drug obtained with a false prescription, the prosecutor must prove that:

  1. you obtained or possessed a narcotic drug
  2. you knew of its presence;
  3. you knew of the substance's nature or character as a narcotic drug;
  4. the narcotic drug was in a usable amount;
  5. the narcotic drug was obtained by using a forged, fictitious or altered prescription; AND
  6. you knew that the narcotic was so obtained.17

There is a “usable amount” of a narcotic if there is enough to be used by someone as a drug. It does not have to be enough to get a person high.18

It is unnecessary for you to know the name of the drug you possessed, or even what it does. It is enough that you knew that it was a narcotic drug of some kind.19

Example: Benjamin goes to see his dealer and asks for something that will bring him “way down.” His dealer gives him some pills. He tells Benjamin they are only supposed to be used in a hospital and they are “wicked illegal.”

Benjamin buys them and puts them in his pocket. Even though Benjamin doesn't know exactly what they are, he knows he has them and he has some idea of their nature. He may be guilty, therefore, of possessing a narcotic drug.

2.3 Proving knowledge under Health and Safety Code 11368

When an element of Health and Safety Code 11368 requires proof of what you knew, the prosecutor can show it by:

  • Your admissions or statements to law enforcement,
  • Your statements to other people (witnesses),
  • Evidence of prior crimes that are similar in nature, or
  • Circumstantial evidence.

Example: Randall is charged with possessing morphine obtained with a forged prescription. He admits that the pills in question were his, but says he thought they were over-the-counter pain killers from Canada.

However, Randall has a previous conviction involving narcotic drugs. The prosecution is allowed to introduce evidence of the prior conviction and question him about the kind of drugs that were involved.20

3. Penalties under Health and Safety Code 11368 HS

California Health and Safety Code 11368 is a California “wobbler” offense. It can be charged as a misdemeanor or a felony, in the prosecutor's discretion.

If charged as a misdemeanor, it can be punished by:

As a felony, however, it can be punished by:

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If the judge grants you probation, you may spend little to no time in jail or prison. But you will be under certain conditions for a period of several years (usually three, but possibly as many as five). During this time you will subject to certain conditions of probation, which may include:

  • Drug counseling or treatment,
  • Payment of a fine,
  • Community service or labor (such as Caltrans roadside work),
  • Meetings with a probation officer (for felony probation), and/or
  • The requirement you not use drugs or break other laws.

If you fail to comply with any of these conditions, the judge has the option to send you to jail or prison to complete your full sentence.

4. Defenses to Health and Safety Code 1368 HS

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There are many possible defenses to charges under California Health and Safety Code 11368 HS. Your California criminal defense attorney can discuss with you which are applicable to your case.

Some of the applicable defenses may include (but are not limited to ):

  • Your prescription was legitimate

    Example: Argus goes on Workers Comp for a sprained wrist. His employer's insurance company sends him to a doctor who the police suspect of writing fake prescriptions. Argus gets arrested when he tries to use the prescription for Oxycontin the doctor writes him. However, since the prescription was legitimate, the prosecutor drops the charges.

  • You didn't know the prescription was forged or altered

    Example: Brigitte's roommate asks Brigitte to pick up a prescription for her on her way home from work. The prescription has been altered to increase the quantity of pills from 10 to 40. However, since the roommate did this before she gave the prescription to Brigitte and she didn't tell her, Brigitte has not violated Health and Safety Code 11368 HS.

  • You had a forged prescription, but you didn't try to use it

    Example: Estelle buys a forged prescription for hydrocodone from a schoolmate. She is too scared, however, to use it. She leaves it in her locker at school. It is found by a school employee, who calls the police. Even though Alice has a forged prescription, since she never tried to use it she isn't guilty under Health and Safety Code 11368 HS.

  • You didn't know the drugs you had were obtained with a forged or altered prescription

    Example: Ingrid buys some Demerol from a friend who says they were left over from her mother's surgery. In fact, the friend altered her mother's prescription to add extra pills. Since Ingrid didn't know this, however, she isn't guilty of possessing drugs obtained with an altered prescription.

  • You didn't know the drugs were there

    Example: Graham, a teenager, is stopped by the police on suspicion of burglarizing a dental clinic with his brother. When the police search him, they find several bottles of cocaine hydrochloride. But Graham was just hanging out with his older brother, who is the one that did the burglary. When the police learn that Graham's brother hid the drugs in Graham's backpack, they drop the charges against Graham.

  • The drugs were found during an illegal search.

    Example: Hillary is pulled over after making an illegal lane change. Although Hillary is polite to the officer and does not appear intoxicated, the officer asks her to take a preliminary alcohol screening (“PAS”) breath test. Hillary refuses.

    The officer orders Hillary out of the car and searches her. He finds several boxes of Fentanyl patches in her purse and arrests her for violating Health and Safety Code 11368. However, since he had no probable cause for believing Hillary had violated any law, his search of her was illegal. Evidence of the Fentanyl should be thrown out.

5. Federal laws relating to prescriptions for narcotic drugs

5.1 The Federal Controlled Substances Act – 21 USC 843

21 USC 843(a)(3) makes it a crime to to acquire or gain possession of a controlled substance through:

  • misrepresentation,
  • fraud,
  • forgery,
  • deception, or
  • subterfuge.23

The federal government normally leaves smalltime violations of drug laws to local California police agencies to enforce. However, federal law is often used to go after:

  • doctors who write large numbers of false prescriptions, and
  • drug traffickers who deal in large quantities of drugs obtained by forged prescriptions.24

Federal law also applies on federally owned land in California, such as:

  • Post offices,
  • Federal buildings,
  • Federal courthouses, and
  • National parks.

Violation of 21 USC 843 is a felony. A first offense can be punished by:

  • up to four years in federal prison.25

For subsequent offenses, violators face:

  • up to eight years in federal prison, and
  • a fine of up to $250,000.26

5.2 Narcotic drug crimes and immigration

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Under the following circumstances, California law enforcement officials are required to notify U.S. Immigrations and Custom Enforcement:

  1. you are arrested for violating California Health and Safety Code 11368 HS, AND
  2. law enforcement has a reason to believe you may not be a citizen of the United States.27

Even attempting to violate a California law relating to narcotic drugs is grounds for deportation.28 Accordingly, if you are an undocumented immigrant who is arrested under Health and Safety Code 11368, we recommended you call an experienced lawyer as soon as possible.

6. Related California offenses

6.1 Health & Safety Code 11173 HS -- doctor shopping / prescription fraud

Health and Safety Code 11173, obtaining a prescription by fraud (doctor shopping) is a broader crime than Health and Safety Code 11368. It applies not just to narcotics, but to all controlled substances.

Under Health and Safety Code 11173, it is a crime to obtain (or try to obtain) a controlled substance through:

  • fraud,
  • deceit,
  • misrepresentation,
  • subterfuge,
  • concealment of a material fact,
  • false statements in a prescription or report,
  • pretending to be a health care professional, or
  • affixing a false or forged label to a package containing controlled substances.29

One type of fraud commonly charged under Health and Safety Code 11173 is “doctor shopping.” This is often referred to as “prescription fraud” or “RX fraud.”

Doctor shopping involves more than one provider and pharmacy. It happens when a doctor gives someone a prescription for a controlled substance, not knowing that another doctor has already prescribed it. The prescriptions are then filled at different pharmacies, with each not knowing about the others.

California Health and Safety Code 11173 is a California wobbler offense.

If charged as a misdemeanor, it can be punished by:

  • up to one year in county jail, and/or
  • a fine of up to $1,000.30

As a felony, Health and Safety Code 11173 HS carries a possible sentence of:

  • 16 months, or two or three years in county jail, and/or
  • up to a $10,000 fine.31

6.2 Health and Safety Code 11350 HS - possession of a controlled substance

California Health and Safety Code 11350 HS prohibits possession of a controlled substance.

For purposes of Health and Safety Code 11350 HS, a controlled substance includes both:

  • street drugs, and
  • prescription drugs obtained without a valid prescription.32

Such drugs include (but are not limited to):

  • heroin and other opiates,
  • cocaine and other coca leaf derivatives,
  • mescaline,
  • peyote, and
  • narcotic painkillers (such as Oxycontin and Vicodin).33

With one exception, possessing a controlled substance is a felony. The punishment is:

  • 16 months, or two or three years in county jail, or
  • probation with mandatory community service or a fine of at least $1,000.34

The exception is unlawful possession of GHB, which is a California wobbler. Instead of the felony punishment set forth above, it can be punished as a misdemeanor, by up to one year in county jail.35

6.3 Business and Professions Code 4324 BP – forging/altering a prescription

Under California Business and Professions Code 4324 BP, it is illegal to:

  • forge or alter a prescription,
  • sign someone else's name (whether real or fictitious) on a prescription, or
  • possess drugs that were obtained using a forged prescription.36

Business and Professions Code 4324 is a California “wobbler” offense.

As a misdemeanor, it carries a possible sentence of:

  • up to one year in county jail, and/or
  • a fine of up to $1,000.37

As a felony, it can be punished by:

  • 16 months, or two or three years in county jail, and/or
  • up to a $10,000 fine.38

6.4 Health and Safety Code 11156 HS - prescribing controlled substances to an addict

Doctors, nurses, pharmacists and other medical professionals are sometimes charged with the crime of Health & Safety Code 11156 HS prescribing controlled substances to an addict.

This offense occurs whenever someone prescribes, dispenses or administers a controlled substance to someone who is a drug addict. It is a "wobbler" with a potential misdemeanor jail sentence of up to one year, a potential felony jail sentence of 16 months or two or three years, and a potential fine of up to $20,000.39

Call us for help...

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For more information about California drug laws, or to discuss your case confidentially with one of our criminal defense attorneys, please don't hesitate to contact us at Shouse Law Group. Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada drug laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.

Legal references:

1 California Health and Safety Code 11368 HS: Every person who forges or alters a prescription or who issues or utters an altered prescription, or who issues or utters a prescription bearing a forged or fictitious signature for any narcotic drug, or who obtains any narcotic drug by any forged, fictitious, or altered prescription, or who has in possession any narcotic drug secured by a forged, fictitious, or altered prescription, shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or in the state prison.

2 California Business and Professions Code 4324 BP:

(a) Every person who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes, passes, or attempts to pass, as genuine, any prescription for any drugs is guilty of forgery and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not more than one year.

(b) Every person who has in his or her possession any drugs secured by a forged prescription shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in the county jail for not more than one year.

3 California Health and Safety Code 11019 HS: “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.

(b) Any salt, compound, isomer, or derivative, whether natural or synthetic, of the substances referred to in subdivision (a), but not including the isoquinoline alkaloids of opium.

(c) Opium poppy and poppy straw.

(d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(e) Cocaine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof.

(f) Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof.

(g) Acetylfentanyl, the thiophene analog thereof, derivatives of either, and any salt, compound, isomer, or preparation of acetylfentanyl or the thiophene analog thereof.

4 California Health and Safety Code 11368 HS, endnote 1.

See also California Penal Code 672 PC.  Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.

5 Same.

6 Same.

7 California Health and Safety Code 11019 HS, endnote 3.

8 See same.

9 California Health and Safety Code 11027 HS:

(a) "Prescription" means an oral order or electronic transmission prescription for a controlled substance given individually for the person(s) for whom prescribed, directly from the prescriber to the furnisher or indirectly by means of a written order of the prescriber.

(b) "Electronic transmission prescription" includes both image and data prescriptions. "Electronic image transmission prescription" is any prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber. "Electronic data transmission prescription" is any prescription order, other than an electronic image transmission prescription, which is electronically transmitted from a licensed prescriber to a pharmacy.

10 People v. Jackson (1979) 155 Cal.Rptr. 89, 92 Cal.App.3d 556 (“The word ‘utter' means to use or attempt to use an instrument, whereby or in connection with which, a person asserts or represents to another, directly or indirectly, expressly or impliedly, by words or conduct, that the instrument is genuine. ([former] CALJIC No. 15.25 (3d ed. 1970)”).

11 California Judicial Council Criminal Jury Instructions (CALCRIM )2321: [Two or more people may possess something at the same time.]

12 Same: [A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it/ [or] the right to control it), either personally or through another person.]

See also People v. Showers (1968) 68 Cal.2d 639, 643-644 (“The accused has constructive possession when he maintains control or a right to control the contraband. Possession may be imputed when the contraband is found in a location which is immediately and exclusively accessible to the accused and subject to his dominion and control [citations]”).

13 Same.

14 CALCRIM 2321: [Agreeing to buy a narcotic drug does not, by itself, mean that a person has control over that substance.]

15 See e.g., CALCRIM 2304.

16 CALCRIM 2320. Forged Prescription for Narcotic (Health & Saf. Code, § 11368):

The defendant is charged [in Count ] with ((forging/altering) a prescription/giving someone (a forged/an altered) prescription/using [or attempting to use] (a forged/an altered) prescription) for a narcotic drug [in violation of Health and Safety Code section 11368].

To prove that the defendant is guilty of this crime, the People must prove that:
<Alternative 1A—forged or altered>
[1. The defendant (forged/altered) a prescription;]
<Alternative 1B—issued>
[1. The defendant gave someone (a prescription with a forged or fictitious signature/an altered prescription);]
<Alternative 1C—used or attempted to use>
[1. The defendant used [or attempted to use] (a prescription with a forged or fictitious signature) to obtain drugs;]
[AND]
2. The prescription was for a narcotic drug(;/.)
<Give element 3 when giving alternative 1B or 1C.>
[AND
3. The defendant knew that the (signature on the prescription wasforged or fictitious/prescription was altered).]
<insert name or description of narcotic from Health & Saf. Code, § 11019> is a narcotic drug.

17 CALCRIM 2321. Forged Prescription for Narcotic: With Possession of Drug (Health & Saf. Code, § 11368)

The defendant is charged [in Count ] with (obtaining/possessing) a narcotic drug [obtained] with (a/an) (forged[,]/ fictitious[,]/ [or] altered) prescription [in violation of Health and Safety Code section 11368].

To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant (obtained/possessed) a narcotic drug;
2. The defendant knew of its presence;
3. The defendant knew of the substance's nature or character as a narcotic drug;
4. The narcotic drug was in a usable amount;
5. The narcotic drug was obtained by using (a/an) (forged[,]/fictitious[,]/ [or] altered) prescription;
AND
6. The defendant knew that the narcotic was obtained using (a/an) (forged[,]/ fictitious[,]/ [or] altered) prescription.
<insert name or description of narcotic from Health & Saf. Code, § 11019> is a narcotic drug.

18 See same. A usable amount is a quantity that is enough to be used by someone as a narcotic drug. Useless traces [or debris] are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user.

19 Same [The People do not need to prove that the defendant knew which specific narcotic drug (he/she) possessed.]

20 See e.g., People v. Horn (1960) 187 Cal. App. 2d 68 (“In order to prove knowledge of the character of the narcotic, the prosecution, according to the decisions, may introduce evidence of crimes of a similar nature…  [I]n order to prove that appellant knew the nature of heroin, the substance which was here involved, the prosecution could properly question him as to the circumstances of, and the type of narcotics involved in, the prior crime.”).

21 California Health and Safety Code 11368 HS, endnote 1.

22 Same.

23 21 USC 843. Prohibited acts C

(a) Unlawful acts

It shall be unlawful for any person knowingly or intentionally—

…(3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge…

24 See, e.g., United States v. Acklen (1982) 690 F.2d 70.

25 21 USC 843(d)(1): Except as provided in paragraph (2), any person who violates this section shall be sentenced to a term of imprisonment of not more than 4 years, a fine under title 18, or both; except that if any person commits such a violation after one or more prior convictions of him for violation of this section, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 8 years, a fine under title 18, or both.

26 Same.

See also 18 USC 3571:

(a) In General.— A defendant who has been found guilty of an offense may be sentenced to pay a fine.
(b) Fines for Individuals.— Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of—… (3) for a felony, not more than $250,000…

27 California Health and Safety Code 11369 HS: When there is reason to believe that any person arrested for a violation of Section 11350, 11351, 11351.5, 11352, 11353, 11355, 11357, 11359, 11360, 11361, 11363, 11366, 11368 or 11550, may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters.

28 8 USC 1227(a)(2)(i): Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.

29 California Health and Safety Code 11173 HS.

30 California Health and Safety Code 11371.1 HS.

31 Same.

32 California Health and Safety Code 11359 HS.

33 California Health and Safety Code 11350(a) HS.

34 California Health and Safety Code 11350(d) HS.

35 California Health and Safety Code 11350(b) HS.

36 California Business and Professions Code 4324 BP, endnote 2.

37 Same.

38 Same.

39 California Health and Safety Code 11356 HS.

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