This problem is not only one of the most pressing issues of our time, it is also one of the fastest-growing problems we have seen in a while. Each year, an estimated 2.6 million Americans abuse prescription drugs for the first time. In a few cases, this use is just a one-time experimental use of a drug. In most cases, however, it is the first step on the road to a dangerous addiction.
Some say that the opioid epidemic began in 1996 when Purdue Pharmaceuticals introduced OxyContin, a pill form of Oxycodone. This pain reliever is about 1.5 times stronger than heroin. Furthermore, the first OxyContin pills were fairly easy to snort or inject.
Largely because of this problem’s deep roots, the Chicago-area legal system has some innovative ways to deal with it. These methods are outlined below.
Possible Criminal Charges in Illinois
Prescription drug fraud is common in Illinois. Once people are addicted to these medicines, they will do almost anything to obtain them. For many, prescription drug fraud in Illinois offers the path of least resistance. Some common techniques involve:
- Prescription Forgery: Even if the doctor has an electronic system, it is usually not hard to make unauthorized duplicates of a prescription. Sophisticated printers are now widely available.
- Telephone Impersonation: Many addicts are doctors or work at a doctor’s office. Obtaining prescription medication is literally just a matter of picking up the phone. Other people simply make up a doctor’s name, phone in the information, and give their own phone numbers as contact information. Many pharmacies in Chicago do not ask too many questions when they fill direct prescriptions.
- Altering a Prescription: This act is specifically prohibited in 720 ILCS 570/406. Some people change the nature of the medicine or the dosage; others make copies of prescriptions and take them to multiple pharmacies. Once again, sophisticated printers and computers can usually get around any anti-fraud safeguards to the extent necessary to fool a pharmacy tech.
- Altering a Label: The Illinois Controlled Substances Act specifically prohibits this conduct, as well. This technique may be the most widely-used one. So, when officers find pill bottles, they often pick at the labels to see if they are genuine. That added search often raises some Fourth Amendment questions, particularly if the officer did not have a warrant. Without a warrant, an officer can only legally perform a search if he or she has the consent of the person being searched.
The penalties are extremely high. First-time offenders are usually charged with Class 4 felonies. The charges move up to Class 3 felonies for subsequent offenders.
Dealing with Prescription Fraud Cases in Illinois
Most jurisdictions in Chicagoland have a drug court. There, defendants receive various outpatient services designed to cure an opioid addiction. The Cook County Drug Court is a typical example. Defendants are eligible to participate if they:
- Have a conviction for a nonviolent crime which is related to drug abuse,
- Admit that they have a problem with opioids or other drugs,
- Are willing to undergo treatment, and
- Have not committed a violent crime in the last 10 years.
Cook County Drug Court probation lasts two years and takes the place of any court-ordered sentence, including prison time. If the defendant successfully completes the program, the defendant is discharged and may be eligible for record expungement.
Wrongful opioid possession and prescription are the focus of increasing federal and state law enforcement resources. Thomas Glasgow is uniquely situated to handle these cases dealing with opioid prescription and illegal use of Opioids. As a former narcotics special prosecutor for the Cook County State’s Attorney’s office, Thomas Glasgow regularly worked with agents of the DEA, FBI, ATF, and Chicago Narcotics Police agencies to prosecute narcotics offenders. He was also the chief prosecutor at IDPFR, the agency charged with legal actions against doctors and dentists who allegedly violated some aspect of the Medical Practice Act, including overprescribing pain medication. His highly specialized experience in these areas has resulted in him successfully defending health care professionals and private individuals against the nearly unlimited resources of the federal and state government.
Connect With Experienced Lawyers
Most counties offer innovative solutions for persons charged with prescription drug fraud. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Jonathan Perez)