1. Taking, obtaining, or attempting to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physician’s assistant, dentist, nurse practitioner, veterinarian, or any other person authorized to administer, dispense, or possess controlled substances.
2. While receiving treatment and being supplied any controlled substance or prescription for any controlled substance from a physician, knowingly obtaining any controlled substance or prescription for a controlled substance from another physician without disclosing this fact to the second physician.
A charge of NRS 453.391 is prosecuted as a category C felony . The punishment is:
- 1 – 5 years in Nevada State Prison , and
- up to $10,000
However, the district attorney may be willing to enter into a plea deal where the charge is significantly reduced or dismissed. Common defenses are:
- the accused had a legal prescription;
- the medicine was available over the counter;
- the defendant did not know he was doctor shopping (the “carelessness defense”); or
- The accused was the victim of a police trap
In this article, our Las Vegas criminal defense attorneys discuss the Nevada crimes of illegal taking of a prescription drug and doctor shopping . Click on a topic to go directly to that section:
- 1. Definition
- 2. Penalties
- 3. Defenses
- 4. Immigration consequences
- 5. Sealing of records
- 6. Related crimes
1. Definition
NRS 453.391 makes it a felony in Nevada to unlawfully obtain a controlled substance (or a prescription for a controlled substance) from a:
- manufacturer,
- wholesaler,
- pharmacist,
- doctor,
- medical assistant,
- dentist,
- advanced nurse practitioner,
- veterinarian, or
- any other person authorized to administer, dispense or possess controlled substances
And if a person currently has a legal prescription, NRS 453.391 also makes it a felony to obtain another prescription from a second provider without informing the provider of the current prescription.
In summary, Nevada law prohibits persons from:
- obtaining drugs or prescriptions without first having a legal prescription, or
- Getting a new drug from a second doctor without telling him or her about any current prescriptions (also known as “doctor shopping”) 1
2. Penalties
Violating NRS 453.391 is a Category C felony, which carries:
- from one to five (1 – 5) years in prison, and
- up to $10,000 in fines (at the judge’s discretion) 2
People charged with this crime are advised to hire an attorney immediately to attempt to negotiate the charges to a lesser offense or a complete acquittal if possible.
3. Defenses
Possible defenses to NRS 453.391 charges may include any of the following arguments:
- The defendant had a legal prescription, and prosecutors mistakenly believed he obtained the drugs illegally.
- The drugs the defendant obtained were over-the-counter and therefore not subject to NRS 453.391.
- The defendant innocently forgot that he had any current prescriptions. Therefore, the defendant did not act “knowingly” when he asked a second supplier for more drugs without informing the supplier about any current prescriptions. This is known as the “carelessness defense” 3 .
- The defendant was induced, meaning that the defendant would not have obtained the drugs if it were not for the illegal inducement of the police.
In every criminal case, the prosecution has the burden of proving guilt beyond a reasonable doubt. These cases typically involve evidence such as:
- surveillance videos,
- doctor’s notes, and
- eyewitness testimony
If the defense attorney can show that the prosecution’s case is too weak to support a conviction, the case should be dismissed.
4. Immigration consequences
Obtaining drugs illegally could be considered an aggravated felony or a crime involving moral turpitude (CIMT) by a Las Vegas immigration judge . Since aggravated felonies and CIMTs are deportable, aliens charged with violating NRS 453.391 should retain an attorney to attempt to negotiate a reduction of charges to a non-deportable offense (if not an acquittal).
5. Sealing of records
A conviction under NRS 453.391 may be sealed from the defendant’s criminal record five (5) years after the case is closed. But if the charge is dismissed and there is no conviction, then the defendant may petition the court to seal the record immediately. Learn more about Nevada’s record sealing procedures .
6. Related crimes
6.1. Health care fraud
Health care fraud occurs when medical providers attempt to defraud insurance companies of funds to which they are not legally entitled. It is a category D penalty , which carries:
- one to four (1 – 4) years in prison, and
- up to $5,000 in fines (at the judge’s discretion), and
- restitution to the insurance company, and
- reimbursement to the government for the investigation of the case
6.2. Illegal prescription by medical providers
Unlawful prescribing, possession, administration, transportation, and dispensing of controlled substances under NRS 453.381 is a Category C felony. The penalty is:
- one to five (1 – 5) years in prison, and
- up to $10,000 in fines (at the judge’s discretion)
The Nevada Board of Medical Examiners may also penalize the physician. Learn more about license suspensions for physicians convicted of crimes .
6.3. Drug possession
Drug possession (NRS 453.336) depends on the types of drugs and whether the defendant has any prior possession offenses. Most first-time drug possession convictions are category E felonies , which are generally eligible for probation.
Legal references
- NRS 453.391.
- NRS 453.421 Penalty for violation of NRS 453.371 to 453.391, inclusive. A person who violates any provision of NRS 453.371 to 453.391, inclusive, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
- NRS 453.391(2).
- NRS 179.245 .
- NRS 179.255.