How Prosecutors Prove Violations of Health and Safety Code 11156

California Health and Safety Code 11156 makes it illegal for medical professionals to prescribe or dispense controlled substances to individuals known to be addicts unless they are receiving treatment through a licensed program. The law defines an “addict” as someone who exhibits drug cravings along with:

• Impaired control over drug use
• Compulsive use of controlled substances
• Continued use despite harm

However, patients seeking stronger medications due to inadequate pain management are not considered addicts under this law. This distinction is important in cases where a doctor is accused of unlawfully prescribing painkillers or other controlled substances.

To convict someone, prosecutors must prove:

• The defendant is a licensed medical professional with the authority to prescribe or dispense controlled substances.
• A prescription, administration, or dispensation of a controlled substance occurred.
• The medical professional knew or should have known that the patient was an addict.
• The prescription was not issued as part of a legally authorized addiction treatment program.

Prosecutors often rely on undercover agents, confidential informants, and expert testimony to argue that a medical provider was knowingly operating outside the law. They may claim that a doctor or pharmacist was running a “pill mill”—a medical office that prescribes large amounts of opioids or other drugs with little oversight.

Who Can Be Charged Under Health & Safety Code 11156?

• Physicians and surgeons
• Nurse practitioners
• Dentists
• Pharmacists
• Veterinarians
• Clinic administrators or staff members involved in fraudulent prescriptions

Even office staff or third parties who assist in the illegal prescribing of controlled substances may face criminal charges for conspiracy or aiding and abetting.

Penalties for Violating Health and Safety Code 11156 – Prescribing Controlled Substances to an Addict

Violations of Health & Safety Code 11156 can be charged as either a misdemeanor or a felony, depending on the severity of the allegations and the evidence presented by the prosecution.

A misdemeanor conviction for illegal prescribing can result in:

• Up to one year in county jail
• Fines of up to $1,000
• Misdemeanor probation

A felony conviction can carry much harsher penalties, including:

• 16 months, two years, or three years in California state prison
• Fines of up to $20,000
• Formal probation
• Suspension or revocation of a medical license
• Loss of DEA registration, preventing further prescribing privileges

Medical Board and DEA Investigations for Prescription Fraud

Medical professionals accused of violating HSC 11156 not only face criminal prosecution but may also be subject to administrative investigations by the California Medical Board or the DEA. These investigations can have severe consequences, including medical license suspension or revocation, loss of DEA registration, which would prohibit prescribing controlled substances, and even civil lawsuits from patients, insurance companies, or regulatory agencies.

Receiving a notice of investigation from the California Medical Board or DEA is a serious matter that requires immediate legal action. These agencies conduct medical audits, undercover operations, and patient record reviews to build their cases. Without a strong defense, healthcare professionals risk losing their career, professional reputation, and legal ability to prescribe medication

Federal vs. State Charges for Prescription Drug Offenses

While many illegal prescribing cases are prosecuted at the state level, some are escalated to federal court, particularly when large quantities of controlled substances are involved. Federal charges under 21 U.S.C. § 841 and 21 U.S.C. § 846 (conspiracy) can lead to even harsher penalties than state law.

Federal investigations often involve:

• DEA audits and undercover operations
• Large-scale investigations into multiple medical providers
• Allegations of overprescribing opioids or other controlled substances

A federal conviction can result in mandatory minimum prison sentences, extensive fines, and asset forfeiture. Because federal cases are aggressively prosecuted, it is critical to have an attorney experienced in handling both state and federal drug defense cases.

How to Fight Illegal Prescription Charges Under California HSC 11156

Good Faith Medical Judgment – The Prescription Was Justified

If the prescription was issued in accordance with accepted medical practices and for a legitimate medical purpose, this may serve as a valid defense. Thorough documentation of the patient’s condition and treatment plan can help demonstrate that the prescription was medically necessary.

Lack of Knowledge – No Intent to Prescribe Illegally

HSC 11156 requires knowing administration, prescription, or dispensing of a controlled substance to an addict. If there was no reason to believe the patient had a substance use disorder, the prosecution may struggle to prove intent, a key element of the charge.

Insufficient Evidence – Challenging the Prosecution’s Case

The prosecution must establish that a violation occurred beyond a reasonable doubt. Weaknesses in the case may include:

• Lack of direct evidence showing intent to prescribe unlawfully.
• False allegations from patients, employees, or competitors.
• Medical records supporting a legitimate prescription.

Unlawful Search & Seizure – Violations of Your Rights

If law enforcement obtained medical records or other evidence without a valid warrant, that evidence may be inadmissible in court. Challenging an illegal search and seizure could weaken the prosecution’s case and, in some instances, lead to a dismissal.

Contact a Los Angeles Criminal Defense Attorney for Prescription Fraud Defense

If you are under investigation or facing charges for illegal prescribing under Health and Safety Code 11156, taking immediate legal action is critical. A conviction can lead to criminal penalties, license suspension, and lasting damage to your career. An experienced Los Angeles criminal defense attorney can help you fight the charges and protect your future.

A strong defense starts with challenging the prosecution’s evidence. This may include proving that the prescription was issued legally and in good faith, exposing false accusations, or arguing that law enforcement violated search and seizure laws when obtaining medical records. Protecting your medical license and reputation is also key—early intervention can help prevent disciplinary action from the Medical Board of California or other licensing authorities. In many cases, a defense attorney can also negotiate for reduced charges or even a case dismissal by showing lack of intent, insufficient evidence, or legal justifications for the prescription.

With 20+ years of experience, Attorney Hashemi understands how these cases are prosecuted and knows how to build a defense that works. Schedule a free consultation today to discuss your options and start protecting your future.

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