A. It shall be unlawful for any person to obtain or attempt to obtain any drug or procure or attempt to procure the administration of any controlled substance or marijuana: (i) by fraud, deceit, misrepresentation, embezzlement, or subterfuge; (ii) by the forgery or alteration of a prescription or of any written order; (iii) by the concealment of a material fact; or (iv) by the use of a false name or the giving of a false address.
B. It shall be unlawful for any person to furnish false or fraudulent information in or omit any information from, or willfully make a false statement in, any prescription, order, report, record, or other document required by Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1.
C. It shall be unlawful for any person to use in the course of the manufacture or distribution of a controlled substance or marijuana a license number which is fictitious, revoked, suspended, or issued to another person.
D. It shall be unlawful for any person, for the purpose of obtaining any controlled substance or marijuana to falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian or other authorized person.
E. It shall be unlawful for any person to make or utter any false or forged prescription or false or forged written order.
F. It shall be unlawful for any person to affix any false or forged label to a package or receptacle containing any controlled substance.
G. This section shall not apply to officers and employees of the United States, of this Commonwealth or of a political subdivision of this Commonwealth acting in the course of their employment, who obtain such drugs for investigative, research or analytical purposes, or to the agents or duly authorized representatives of any pharmaceutical manufacturer who obtain such drugs for investigative, research or analytical purposes and who are acting in the course of their employment; provided that such manufacturer is licensed under the provisions of the Federal Food, Drug and Cosmetic Act; and provided further, that such pharmaceutical manufacturer, its agents and duly authorized representatives file with the Board such information as the Board may deem appropriate.
H. Except as otherwise provided in this subsection, any person who shall violate any provision herein shall be guilty of a Class 6 felony.
Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed, or reduced as provided in this section, pleads guilty to or enters a plea of not guilty to the court for violating this section, upon such plea if the facts found by the court would justify a finding of guilt, the court may place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to be evaluated and enter a treatment and/or education program, if available, such as, in the opinion of the court, may be best suited to the needs of the accused. This program may be located in the judicial circuit in which the charge is brought or in any other judicial circuit as the court may provide. The services shall be provided by a program certified or licensed by the Department of Behavioral Health and Developmental Services. The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, evaluation, testing and education, based upon the person's ability to pay unless the person is determined by the court to be indigent.
As a condition of supervised probation, the court shall require the accused to remain drug free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug free. Such testing may be conducted by the personnel of any screening, evaluation, and education program to which the person is referred or by the supervising agency.
Unless the accused was fingerprinted at the time of arrest, the court shall order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt upon the felony and proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation, the court shall find the defendant guilty of a Class 1 misdemeanor.
1977, c. 558; 1979, c. 435; 1992, c. 76; 1997, c. 542; 2009, cc. 813, 840; 2011, cc. 384, 410; 2014, cc. 674, 719.
Notes of Decisions
Cited in
25
cases (
2 in the last 5 years), 1980–2023 · leading case:
Pancoast v. Commonwealth, 340 S.E.2d 833 (Va. Ct. App. 1986).
Pancoast v. Commonwealth, 340 S.E.2d 833 (Va. Ct. App. 1986).
· cites it 14× “65 do not constitute a lesser included offense of Code § 18.2-258.1. We find that the evidence was sufficient to convict appellant under the felony statute.”
Williams v. Commonwealth, 418 S.E.2d 346 (Va. Ct. App. 1992).
· cites it 8× “Ronald Walter Williams was convicted of attempting to fraudulently obtain a controlled substance in violation of Code § 18.2-258.1. Williams contends that the evidence against him was insufficient to prove beyond a reasonable doubt the necessary elements of the offense.”
McCutcheon v. Commonwealth, 294 S.E.2d 808 (Va. 1982).
· cites it 7× “56(bl), a part of that Act, imposes upon each person selling, administering, or dispensing drugs the duty of recording the name and address of the person to whom or *34 for whose use a drug is sold, administered, or dispensed, together with the kind and quantity of the drug…”
Jerry Lee Jordan v. Commonwealth of Virginia, 653 F.2d 870 (4th Cir. 1980).
“This statute, subsequently repealed and substantially recodified as a felony offense in Va. Code § 18.2-258.1, then provided in pertinent part: Fraud, deceit, and forgery.”
Davis v. Wal-Mart Stores East, L.P., 177 F. Supp. 3d 943 (E.D. Va. 2016).
· cites it 2× “) Following his interview of Davis, Deputy Harney took her to the Sheriffs Office where she was “booked for violating Virginia Code Section 18.2-258.1(A) and, specifically, attempting to obtain Adderall by fraud.”
Torri S. Waiters v. Commonwealth of Virginia, 536 S.E.2d 923 (Va. Ct. App. 2000).
· cites it 2× “Code § 18.2-258.1(G). Ordering the defendant to repay the sums he received from his sale of drugs to the police was a proper exercise of judicial discretion under Code § 19.”
Melanie Vandyke v. Commonwealth of Virginia (Va. Ct. App. 2020).
· cites it 33× “Melanie Vandyke appeals her conviction for obtaining morphine by fraud, deceit, embezzlement, or subterfuge, in violation of Code § 18.2-258.1. On appeal, she contends that the trial court misinterpreted the statute and abused its discretion by refusing her request for a…”
Quantell Tonette Bowser v. Commonwealth of Virginia (Va. Ct. App. 2023).
· cites it 12× “1, when a defendant who meets certain enumerated statutory requirements “pleads guilty to or enters a plea of not guilty to the court for violating this section, upon such plea if the facts found by the court would justify a finding of guilt, the court may place him on probation…”
Betty Ann Nuzzo v. Commonwealth (Va. Ct. App. 2003).
· cites it 8× “Betty Ann Nuzzo (appellant) appeals from her bench trial conviction for obtaining a drug or controlled substance by fraud in violation of Code § 18.2-258.1. On appeal, she contends the court erroneously admitted pharmacy records without sufficient proof that the witness through…”
Brandon v. Commonwealth, 85 Va. Cir. 113 (Roanoke County Cir. Ct. 2012).
· cites it 8× “In each case, he was charged with a felonious violation of Virginia Code § 18.2-258.1. In each case, he entered a plea of guilty to the offense charged in the indictment.”
David Lee Washington v. Commonwealth of Virginia (Va. Ct. App. 2015).
· cites it 7× “4 Appellant was subsequently indicted on four counts of procuring a controlled substance through fraud or the concealment of a material fact, in violation of Code § 18.2-258.1. At appellant’s trial, Detective Ron Taylor described his investigation of appellant for prescription…”
Henry Clay Tiggs v. Commonwealth of Virginia (Va. Ct. App. 2011).
· cites it 6× “Henry Clay Tiggs (“appellant”) appeals his conviction of attempt to commit prescription fraud, in violation of Code § 18.2-258.1. Following a bench trial in the Circuit Court of the City of Portsmouth (“trial court”), appellant was sentenced to five years’ incarceration, with…”
— Va. Code Ann. § 18.2-258.1(A) — 6 cases
Pancoast v. Commonwealth, 340 S.E.2d 833 (Va. Ct. App. 1986).
“65 do not constitute a lesser included offense of Code § 18.2-258.1. We find that the evidence was sufficient to convict appellant under the felony statute.”
Williams v. Commonwealth, 418 S.E.2d 346 (Va. Ct. App. 1992).
“Ronald Walter Williams was convicted of attempting to fraudulently obtain a controlled substance in violation of Code § 18.2-258.1. Williams contends that the evidence against him was insufficient to prove beyond a reasonable doubt the necessary elements of the offense.”
Davis v. Wal-Mart Stores East, L.P., 177 F. Supp. 3d 943 (E.D. Va. 2016).
“) Following his interview of Davis, Deputy Harney took her to the Sheriffs Office where she was “booked for violating Virginia Code Section 18.2-258.1(A) and, specifically, attempting to obtain Adderall by fraud.”
David Lee Washington v. Commonwealth of Virginia (Va. Ct. App. 2015).
“4 Appellant was subsequently indicted on four counts of procuring a controlled substance through fraud or the concealment of a material fact, in violation of Code § 18.2-258.1. At appellant’s trial, Detective Ron Taylor described his investigation of appellant for prescription…”
— Va. Code Ann. § 18.2-258.1(A)(i) — 3 cases
Betty Ann Nuzzo v. Commonwealth (Va. Ct. App. 2003).
“Betty Ann Nuzzo (appellant) appeals from her bench trial conviction for obtaining a drug or controlled substance by fraud in violation of Code § 18.2-258.1. On appeal, she contends the court erroneously admitted pharmacy records without sufficient proof that the witness through…”
— Va. Code Ann. § 18.2-258.1(A)(iv) — 2 cases
McCutcheon v. Commonwealth, 294 S.E.2d 808 (Va. 1982).
“56(bl), a part of that Act, imposes upon each person selling, administering, or dispensing drugs the duty of recording the name and address of the person to whom or *34 for whose use a drug is sold, administered, or dispensed, together with the kind and quantity of the drug…”
— Va. Code Ann. § 18.2-258.1(E) — 1 case
— Va. Code Ann. § 18.2-258.1(G) — 1 case
Torri S. Waiters v. Commonwealth of Virginia, 536 S.E.2d 923 (Va. Ct. App. 2000).
“Code § 18.2-258.1(G). Ordering the defendant to repay the sums he received from his sale of drugs to the police was a proper exercise of judicial discretion under Code § 19.”
— Va. Code Ann. § 18.2-258.1(H) — 4 cases
Melanie Vandyke v. Commonwealth of Virginia (Va. Ct. App. 2020).
“Melanie Vandyke appeals her conviction for obtaining morphine by fraud, deceit, embezzlement, or subterfuge, in violation of Code § 18.2-258.1. On appeal, she contends that the trial court misinterpreted the statute and abused its discretion by refusing her request for a…”
Quantell Tonette Bowser v. Commonwealth of Virginia (Va. Ct. App. 2023).
“1, when a defendant who meets certain enumerated statutory requirements “pleads guilty to or enters a plea of not guilty to the court for violating this section, upon such plea if the facts found by the court would justify a finding of guilt, the court may place him on probation…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.