The opioid crisis has put prescription-drug offenses under a microscope in New Jersey. Obtaining a controlled substance by fraud — a forged prescription, an altered script, “doctor shopping,” or lying to a pharmacist — is a serious indictable crime under N.J.S.A. 2C:35-13. And many people charged with it are not traffickers but individuals struggling with dependence, which is an important part of these cases.
What the statute covers
N.J.S.A. 2C:35-13 makes it an offense to acquire or obtain possession of a controlled dangerous substance by misrepresentation, fraud, forgery, deception, or subterfuge. It reaches a range of conduct:
- Forging or altering a prescription — creating a fake script or changing the quantity or drug.
- “Doctor shopping” — visiting multiple providers to obtain overlapping prescriptions without disclosing the others.
- Using another person’s prescription or impersonating someone.
- Deceiving a pharmacist or provider to obtain controlled medication.
The addiction dimension
What sets many of these cases apart is that the person charged is often battling genuine dependence — not selling drugs, but feeding an addiction. That reality matters to how a case can be resolved. New Jersey’s Recovery Court and treatment-focused dispositions exist precisely for defendants whose offenses are driven by substance-use disorder, offering a path to treatment rather than only punishment.
Where these cases get defended
- Intent and knowledge — whether the person actually acted with intent to defraud, versus a misunderstanding, a legitimate prescription, or a provider/pharmacy error.
- The PMP and records evidence — whether the data actually shows fraud or overlapping legitimate care.
- Identity and authorship — in forged-prescription cases, whether the State can tie the document to the defendant.
- The investigation — how the evidence and any statements were obtained.
For eligible defendants, diversion through Pretrial Intervention — often paired with treatment — can resolve the case without a conviction, and a clean record may later be protected through expungement. These cases also overlap with forgery where a script was altered.
Charged with prescription fraud? Treatment may be part of the answer
If addiction is at the root of the charge, the path forward may look very different from an ordinary drug case. If you’re facing a 2C:35-13 charge anywhere in New Jersey, it’s worth a free, confidential call to talk through both the defense and the treatment-focused options.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.