Forgery Of Medical Marijuana Card NRS 453.331
NRS453.331 governs unlawful acts relating to distribution of certain controlled substances by registrants, use of unauthorized registration number; possession of signed blank prescription forms; and other certain fraudulent acts, including forging a medical marijuana/cannabis card, or forging a prescription to obtain a medical marijuana/cannabis card.
The elements necessary to prove a charge of this nature provide that an offender has knowingly or intentionally:
Distributed as a registrant, a controlled substance classified in schedule I or II; or has used in the course of the manufacture or distribution of a controlled substance, a registration number which is fictitious, revoked, suspended or issued to another person. Likewise, a charge may be sustained if an offender has assumed falsely, the title of, or represents himself or herself as a registrant or other person authorized to possess controlled substances; or to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance or a prescription for a controlled substance, by misrepresentation, fraud, forgery, deception, subterfuge or alteration.
Further, this charge may come into play should an offender furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the Nevada Revised Statutes, or any record required to be kept by those sections.
Forgery may also be presumed to have been committed if an offender signs the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance; or make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
Finally, an offender may also be charged with forgery if he or she possesses prescription blanks which have been signed before being filled out; or makes a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is required.
Offense Associated With Forgery Of A Medical Marijuana Card
A person who violates this section is guilty of a category C felony, and is punishable by imprisonment for a term of 1 to 5 years in the Nevada State Prison and fines may be imposed in an amount of not more than $10,000.
On a charge of Forgery of a Medical Marijuana Card or a prescription to obtain a card, which is classified as a Category C Felony, the standard bail amount is set at $10,000.
An example of how one may be charged with this violation is an individual who obtains pre-signed prescription cards from his or her medical practitioner. The individual then forges their own diagnosis, indicating that medical marijuana is the treatment for said condition. A charge of forgery would be substantiated in such a case.
Another example, would be an individual who visits a medical practitioner claiming false symptoms, or faking an illness which requires medical marijuana be prescribed as a treatment for the same.
If you have been charged with this, or any other marijuana related offense, please call us at 702-405-0001 for a free consultation with an attorney.