{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-258.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-258.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-258.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-258.1.html"}],"law_id":61427,"edition_id":1,"section_id":61427,"structure_id":13207,"section_number":"18.2-258.1","catch_line":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","history":"1977, c. 558; 1979, c. 435; 1992, c. 76; 1997, c. 542; 2009, cc. 813, 840; 2011, cc. 384, 410; 2014, cc. 674, 719.","full_text":"A\n\nIt 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\n\nIt 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\n\nIt 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\n\nIt 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\n\nIt shall be unlawful for any person to make or utter any false or forged prescription or false or forged written order.F\n\nIt shall be unlawful for any person to affix any false or forged label to a package or receptacle containing any controlled substance.G\n\nThis 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\n\nExcept as otherwise provided in this subsection, any person who shall violate any provision herein shall be guilty of a Class 6 felony.\n\t\t\tWhenever 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.\n\t\t\tAs 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.\n\t\t\tAs 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.\n\t\t\tUnless 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.\n\t\t\tUpon 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.","order_by":null,"text":{"0":{"id":224408,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224409,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224410,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":224411,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":224412,"text":"It shall be unlawful for any person to make or utter any false or forged prescription or false or forged written order.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":224413,"text":"It shall be unlawful for any person to affix any false or forged label to a package or receptacle containing any controlled substance.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":224414,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":224415,"text":"Except as otherwise provided in this subsection, any person who shall violate any provision herein shall be guilty of a Class 6 felony.\n\t\t\tWhenever 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.\n\t\t\tAs 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.\n\t\t\tAs 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.\n\t\t\tUnless 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.\n\t\t\tUpon 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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13207,"edition_id":1,"name":"Drugs","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":166503,"object_type":"structure","relational_id":13207,"identifier":"1","token":"18.2\/7\/1","url":"\/18.2\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84070,"structure_id":13207,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","url":"\/18.2-247\/","token":"18.2\/7\/1\/18.2-247","metadata":false},{"id":68693,"structure_id":13207,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","url":"\/18.2-248\/","token":"18.2\/7\/1\/18.2-248","metadata":false},{"id":76843,"structure_id":13207,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","url":"\/18.2-248.01\/","token":"18.2\/7\/1\/18.2-248.01","metadata":false},{"id":56536,"structure_id":13207,"section_number":"18.2-248.02","catch_line":"Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine or fentanyl prohibited; penalties","url":"\/18.2-248.02\/","token":"18.2\/7\/1\/18.2-248.02","metadata":false},{"id":71689,"structure_id":13207,"section_number":"18.2-248.03","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty","url":"\/18.2-248.03\/","token":"18.2\/7\/1\/18.2-248.03","metadata":false},{"id":60978,"structure_id":13207,"section_number":"18.2-248.04","catch_line":"Methamphetamine Cleanup Fund established","url":"\/18.2-248.04\/","token":"18.2\/7\/1\/18.2-248.04","metadata":false},{"id":80122,"structure_id":13207,"section_number":"18.2-248.05","catch_line":"Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance; 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conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","url":"\/18.2-251\/","token":"18.2\/7\/1\/18.2-251","metadata":false},{"id":82839,"structure_id":13207,"section_number":"18.2-251.01","catch_line":"Substance abuse screening and assessment for felony convictions","url":"\/18.2-251.01\/","token":"18.2\/7\/1\/18.2-251.01","metadata":false},{"id":58651,"structure_id":13207,"section_number":"18.2-251.02","catch_line":"Drug Offender Assessment and Treatment Fund","url":"\/18.2-251.02\/","token":"18.2\/7\/1\/18.2-251.02","metadata":false},{"id":71520,"structure_id":13207,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","url":"\/18.2-251.03\/","token":"18.2\/7\/1\/18.2-251.03","metadata":false},{"id":67911,"structure_id":13207,"section_number":"18.2-251.1","catch_line":"Possession or distribution of marijuana for medical purposes permitted","url":"\/18.2-251.1\/","token":"18.2\/7\/1\/18.2-251.1","metadata":false},{"id":58050,"structure_id":13207,"section_number":"18.2-251.1:1","catch_line":"Possession or distribution of cannabis oil; 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distribution of nitrous oxide to persons under 18 prohibited; penalties","url":"\/18.2-264\/","token":"18.2\/7\/1\/18.2-264","metadata":false},{"id":63611,"structure_id":13207,"section_number":"18.2-264.01","catch_line":"Repealed","url":"\/18.2-264.01\/","token":"18.2\/7\/1\/18.2-264.01","metadata":false},{"id":70241,"structure_id":13207,"section_number":"18.2-264.1","catch_line":"Repealed","url":"\/18.2-264.1\/","token":"18.2\/7\/1\/18.2-264.1","metadata":false},{"id":72892,"structure_id":13207,"section_number":"18.2-265","catch_line":"Repealed","url":"\/18.2-265\/","token":"18.2\/7\/1\/18.2-265","metadata":false}],"previous_section":{"id":54216,"structure_id":13207,"section_number":"18.2-258.02","catch_line":"Maintaining a fortified drug house; penalty","url":"\/18.2-258.02\/","token":"18.2\/7\/1\/18.2-258.02","metadata":false},"next_section":{"id":70798,"structure_id":13207,"section_number":"18.2-258.2","catch_line":"Assisting individuals in unlawfully procuring prescription drugs; penalty","url":"\/18.2-258.2\/","token":"18.2\/7\/1\/18.2-258.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-258.1\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 558 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1979, chapter 435; in 1992, chapter 76; in 1997, chapter 542<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2011, chapters 384<\/a> and 410<\/a>; in 2014, chapters 674<\/a> and 719<\/a>.<\/p>","references":[{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"},{"id":64740,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","order_by":null,"url":"\/19.2-303.01\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":75182,"section_number":"37.2-314","catch_line":"Background check required","order_by":null,"url":"\/37.2-314\/"},{"id":67357,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-416.1\/"},{"id":61726,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-506.1\/"},{"id":77665,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","order_by":null,"url":"\/54.1-3408\/"}],"refers_to":[{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"}],"permalink":{"id":166681,"object_type":"law","relational_id":61427,"identifier":"18.2-258.1","token":"18.2\/7\/1\/18.2-258.1","url":"\/18.2-258.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-258.1\/","token":"18.2\/7\/1\/18.2-258.1","dublin_core":{"Title":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-258.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/span>, deceit, misrepresentation, embezzlement<\/span>, or subterfuge; (ii) by the forgery<\/span> or alteration of a prescription or of any written order<\/span>; (iii) by the concealment of a material<\/span> fact<\/span>; or (iv) by the use of a false name or the giving of a false address. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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<\/span>, report, record, or other document required by Chapter 34 (§ 54.1-3400<\/a> et seq.) of Title 54.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> It shall be unlawful for any person to make or utter any false or forged prescription or false or forged written order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> It shall be unlawful for any person to affix any false or forged label to a package or receptacle containing any controlled substance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Except as otherwise provided in this subsection, any person who shall violate any provision herein shall be guilty of a Class 6 felony<\/span>.\n\t\t\tWhenever any person who has not previously been convicted of any offense<\/span> under this article or under any statute<\/span> 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<\/span> dismissed, or reduced as provided in this section, pleads guilty to or enters a plea<\/span> of not guilty to the court<\/span> for violating this section, upon such plea<\/span> if the facts<\/span> found by the court<\/span> would justify a finding<\/span> of guilt, the court<\/span> may place him on probation<\/span> upon terms and conditions.\n\t\t\tAs a term or condition, the court<\/span> shall require the accused<\/span> to be evaluated and enter a treatment and\/or education program, if available, such as, in the opinion<\/span> of the court<\/span>, may be best suited to the needs of the accused<\/span>. This program may be located in the judicial circuit<\/span> in which the charge is brought or in any other judicial circuit<\/span> as the court<\/span> may provide. The services shall be provided by a program certified or licensed by the Department of Behavioral Health and Developmental Services. The court<\/span> 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<\/span> to be indigent<\/span>.\n\t\t\tAs a condition of supervised probation<\/span>, the court<\/span> shall require the accused<\/span> to remain drug free during the period of probation<\/span> and submit to such tests during that period as may be necessary and appropriate to determine if the accused<\/span> 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.\n\t\t\tUnless the accused<\/span> was fingerprinted at the time of arrest<\/span>, the court<\/span> shall order<\/span> the accused<\/span> to report to the original arresting law<\/span>-enforcement agency to submit to fingerprinting.\n\t\t\tUpon violation of a term or condition, the court<\/span> may enter an adjudication of guilt upon the felony<\/span> and proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation<\/span>, the court<\/span> shall find the defendant<\/span> guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOBTAINING DRUGS, PROCURING ADMINISTRATION OF CONTROLLED SUBSTANCES, ETC., BY\nFRAUD, DECEIT OR FORGERY (\u00a7 18.2-258.1)\n\nA. It shall be unlawful for any person to obtain or attempt to obtain any drug\nor procure or attempt to procure the administration of any controlled substance\nor marijuana: (i) by fraud, deceit, misrepresentation, embezzlement, or\nsubterfuge; (ii) by the forgery or alteration of a prescription or of any\nwritten order; (iii) by the concealment of a material fact; or (iv) by the use\nof a false name or the giving of a false address.\n\nB. It shall be unlawful for any person to furnish false or fraudulent\ninformation in or omit any information from, or willfully make a false statement\nin, any prescription, order, report, record, or other document required by\nChapter 34 (§ 54.1-3400 et seq.) of Title 54.1.\n\nC. It shall be unlawful for any person to use in the course of the manufacture\nor distribution of a controlled substance or marijuana a license number which is\nfictitious, revoked, suspended, or issued to another person.\n\nD. It shall be unlawful for any person, for the purpose of obtaining any\ncontrolled substance or marijuana to falsely assume the title of, or represent\nhimself to be, a manufacturer, wholesaler, pharmacist, physician, dentist,\nveterinarian or other authorized person.\n\nE. It shall be unlawful for any person to make or utter any false or forged\nprescription or false or forged written order.\n\nF. It shall be unlawful for any person to affix any false or forged label to a\npackage or receptacle containing any controlled substance.\n\nG. This section shall not apply to officers and employees of the United States,\nof this Commonwealth or of a political subdivision of this Commonwealth acting\nin the course of their employment, who obtain such drugs for investigative,\nresearch or analytical purposes, or to the agents or duly authorized\nrepresentatives of any pharmaceutical manufacturer who obtain such drugs for\ninvestigative, research or analytical purposes and who are acting in the course\nof their employment; provided that such manufacturer is licensed under the\nprovisions of the Federal Food, Drug and Cosmetic Act; and provided further,\nthat such pharmaceutical manufacturer, its agents and duly authorized\nrepresentatives file with the Board such information as the Board may deem\nappropriate.\n\nH. Except as otherwise provided in this subsection, any person who shall violate\nany provision herein shall be guilty of a Class 6 felony.\n\t\t\tWhenever any person who has not previously been convicted of any offense\nunder this article or under any statute of the United States or of any state\nrelating to narcotic drugs, marijuana, or stimulant, depressant, or\nhallucinogenic drugs, or has not previously had a proceeding against him for\nviolation of such an offense dismissed, or reduced as provided in this section,\npleads guilty to or enters a plea of not guilty to the court for violating this\nsection, upon such plea if the facts found by the court would justify a finding\nof guilt, the court may place him on probation upon terms and conditions.\n\t\t\tAs a term or condition, the court shall require the accused to be evaluated\nand enter a treatment and\/or education program, if available, such as, in the\nopinion of the court, may be best suited to the needs of the accused. This\nprogram may be located in the judicial circuit in which the charge is brought or\nin any other judicial circuit as the court may provide. The services shall be\nprovided by a program certified or licensed by the Department of Behavioral\nHealth and Developmental Services. The court shall require the person entering\nsuch program under the provisions of this section to pay all or part of the\ncosts of the program, including the costs of the screening, evaluation, testing\nand education, based upon the person’s ability to pay unless the person is\ndetermined by the court to be indigent.\n\t\t\tAs a condition of supervised probation, the court shall require the accused\nto remain drug free during the period of probation and submit to such tests\nduring that period as may be necessary and appropriate to determine if the\naccused is drug free. Such testing may be conducted by the personnel of any\nscreening, evaluation, and education program to which the person is referred or\nby the supervising agency.\n\t\t\tUnless the accused was fingerprinted at the time of arrest, the court shall\norder the accused to report to the original arresting law-enforcement agency to\nsubmit to fingerprinting.\n\t\t\tUpon violation of a term or condition, the court may enter an adjudication of\nguilt upon the felony and proceed as otherwise provided. Upon fulfillment of the\nterms and conditions of probation, the court shall find the defendant guilty of\na Class 1 misdemeanor.\n\nHISTORY: 1977, c. 558; 1979, c. 435; 1992, c. 76; 1997, c. 542; 2009, cc. 813,\n840; 2011, cc. 384, 410; 2014, cc. 674, 719.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}