Criminal Defense for Pharmacists Facing Criminal Charges in California

As a licensed pharmacist in California, you carry a significant level of trust and responsibility in your role. Not only do you answer to the guidelines and practice standards imposed by the California State Board of Pharmacy, but you are also subject to strict laws regarding the management and dispensing of controlled substances. If a misunderstanding, mishap, or misstep occurs, it’s not uncommon for a pharmacist to face criminal charges in addition to (or independently of) any disciplinary action by the Board. 

Whether you’ve been accused, investigated, or simply fear you might be, having a clear knowledge and understanding of the California statutes pertaining to your profession can be extremely useful, both as a deterrent to facing criminal charges or as a defense if you’ve already been charged. Let’s examine a few of the more common statutes under which pharmacists may face criminal charges.

Controlled Substance Violations (HSC §11350 – §11383)

Understandably, many cases against pharmacists deal with allegations involving controlled substances. California’s Health & Safety Code outlines a wide range of offenses, including:

• Possession of controlled substances without a valid prescription or outside professional capacity.

• Diversion or illegal sale of medications such as opioids, benzodiazepines, or ADHD drugs.

• Improper dispensing without patient consultation or required documentation.

Even when a pharmacist acts under pressure—whether from an employer, physician, or patient—these actions can result in felony charges, carrying a potential sentence of up to four years in state prison and substantial fines.

 

Prescribing Without a Legitimate Medical Purpose (Health & Safety Code §11153)

California law prohibits pharmacists from filling prescriptions that lack a legitimate medical reason. This includes filling altered or suspicious scripts, especially for high-risk medications.

Pharmacists must be vigilant when handling high-volume requests, especially from pain clinics or doctors under investigation. In some cases, pharmacists have been charged as co-conspirators in opioid rings for failing to question fraudulent prescribing patterns.

A violation of §11153 may be treated as a misdemeanor or a felony, depending on the extent of the harm and the intent. 

Forgery/Prescription Fraud (Penal Code §470)

Altering prescriptions or medical documentation—whether to favor a patient, avoid conflict, or increase billing—constitutes criminal forgery under Penal Code §470.

Some common examples include:

• Forging a physician’s signature.

• Backdating a prescription.

• Modifying drug dosage or quantity.

• Creating fictitious patient profiles to issue fake prescriptions.

Even if the goal was not personal enrichment, these acts are considered felonies, and prosecutors are unlikely to show leniency. Forgery charges can carry a prison term of up to three years and often come with related charges, such as insurance fraud or identity theft.

Grand Theft (Penal Code §487)

When the value of stolen property exceeds $950, California classifies the offense as grand theft. For pharmacists, this might involve:

• Diverting medication from inventory for personal use or resale.

• Misappropriating funds or insurance reimbursements.

• Participating in a broader theft ring.

What may begin as a one-time lapse in judgment can lead to significant consequences. Grand theft is a wobbler, meaning it can be charged as a misdemeanor or felony, but repeat offenses or high-value losses almost always lead to felony prosecution.

Health Care Insurance Fraud (Penal Code §550)

Billing fraud is a major area of concern, especially in retail and specialty pharmacies where insurance billing is routine. Under Penal Code §550, it is illegal to:

• Submit claims for prescriptions that were never dispensed.

• Inflate dosages or quantities to increase reimbursement.

• Use false patient identities.

• Split prescriptions to bill multiple claims for the same medication.

Even clerical errors that appear systematic or intentional can draw scrutiny. Prosecutors often use billing data to build patterns of fraud, and pharmacists caught in these investigations may be charged alongside owners, physicians, or billing managers. Penalties include up to 5 years in prison, tens of thousands in fines, and restitution. 

 

Unlawful Practice or Licensing Violations (Business & Professions Code §4321–4326)

Operating without an active license, or aiding unlicensed individuals in the practice of pharmacy, is a criminal offense under California’s Business & Professions Code.

Examples include:

• Continuing to work after license suspension.

• Letting a friend or coworker use your license to access controlled drugs.

• Misrepresenting your credentials to patients or insurers.

These actions, while sometimes perceived as “administrative,” can and often are prosecuted criminally, especially when patient safety is at stake. Charges may include identity fraud, aiding and abetting, or even conspiracy.

Why You Need a Criminal Defense Attorney—Immediately

If you are a pharmacist under investigation or suspect that law enforcement is monitoring your practice, time is not on your side. These cases often involve search warrants, undercover operations, and detailed record audits going back years. Do not speak to investigators or law enforcement without legal counsel present. What seems like a simple explanation can be used against you in court.

By hiring an experienced criminal legal defense early in the process, you will significantly improve your chances of a positive outcome. Our Los Angeles criminal defense law firm will help you:

• Understand the full scope of allegations.

• Mitigate criminal exposure early in the process.

• Defend against licensing actions and protect your professional future.

• Avoid self-incrimination and damaging interviews.

Allegations of criminal activity need to be taken seriously, even if you have convinced yourself that the case against you is weak. Let us help you navigate this crisis with confidence. Call our law offices today to schedule a consultation.