| Trampy |
| (Pooh-Bah) |
| 09/05/04 08:02 PM |
 Re: Ordering Same Medication from Diff. Domestic OPs
|
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Not every state has made "DDing" illegal. What is illegal everywhere, though, is the use of an alias or any type of fraud or deceit to obtain controlled substances. Using fraud or deceit is usually treated more harshly than illegal possession and while they need to do a controlled delivery to get a conviction for possession, that's not so for fraud or deceit. The problem with proving guilt there is that it's pretty much impossible to know who was at the keyboard when false information was submitted to a NR OP. The fact that your credit card number was used is not proof that you were the one who was using it. But if they did a controlled delivery and wanted to add on the fraud/deceit charges later, if, say, someone used their dog's name, getting that first conviction for illegal possession could lead to more criminal charges if, for the sake of argument, the credit card card bill came and the OP's charge was not disputed. Of course, if you hand over a money order for a COD in a controlled delivery addressed to your dog, you're gonna need a very good lawyer to help explain that one.
The fraud/deceit crime is usually a state felony with penalties more severe than for simple illegal possession. Add to that the possibility of federal mail-fraud charges and the prison years can add up quickly.
With no priors, simple possession is just a misdemeanor under federal law. That is, unless the drug is flunitrazepam and maybe a few other drugs where possessing even half a tab can get someone up to three years from the felony conviction. Mail fraud can get you several years.
So, if you use a NR OP, make sure you supply accurate information on the web form. As long as you give them the truth and there's no DDing law in your state, only the doctor and pharmacy/pharmacist can be charged with crimes for distributing controlled substances without a legitimate doctor-patient relationship.
Trampy
It's not illegal in all states? How can that be? If you get a script for 60 Norco from one doc, and 60 at nearly the same time from another doc, I would just assume that it's illegal unless:
The second doc knows about your first prescription and decides you need 60 more. Otherwise, he/she is presumably ignorant about your first prescription, which is the patient's fault for not supplying that info. There's no law against that?
I know in my old state of Missouri, at least, the patient can be charged in cases of insufficient doctor-patient relationship.
Right. There's no law against that everywhere.
Like i said, these laws vary by state. Know your state's laws and how the state courts have interpreted them. The situation you described of simultaneous identical Norco prescriptions might be considered illegal possession even if there is no DDing law, per se, in the state statutes and codes. Check your state's appeals court decisions to see if that's true. My state has no "DDing" law and there's no requirement for a patient to tell a doctor that another doctor is giving them prescriptions.
Giving false information to an OP's web form or in a face-to-face doctor consultation is using fraud or deceit. Some states require a patient to affirmatively tell a doctor that they're receiving controlled substances already, even if they're not asked; others don't require it of the patient ... and if the doctor doesn't ask in those states, then they may not have to tell. The answer as to whether they're obliged to tell the second doctor about the scrip even if the second doctor doesn't ask (when there's no state law requiring the patient to tell them) is probably to be found in some state appeals court decision.
