Table of Contents TITLE 45. CRIMES CHAPTER 9. DANGEROUS DRUGS Part 1. Offenses Involving Dangerous Drugs
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31 45-9-101 98 45-9-102 30 45-9-103 2 45-9-104 45-9-105 1 45-9-106 1 45-9-107 45-9-108 45-9-109 3 45-9-110 45-9-111 45-9-112 1 45-9-113 45-9-114 45-9-115 45-9-116 45-9-121 45-9-125 45-9-127 7 45-9-130 45-9-131 6 45-9-132

Mont. Code Ann. § 45-9-104

(2011)

Fraudulently obtaining dangerous drugs

A person commits the offense of fraudulently obtaining dangerous drugs if the person obtains or attempts to obtain a dangerous drug, as defined in 50-32-101, by:

(1) fraud, deceit, misrepresentation, or subterfuge;

(2) falsely assuming the title of or representing that the person is a manufacturer, wholesaler, practitioner, pharmacist, owner of a pharmacy, or other person authorized to possess dangerous drugs;

(3) the use of a forged, altered, or fictitious prescription;

(4) the use of a false name or a false address on a prescription;

(5) the concealment of a material fact;

(6) knowingly or purposefully failing to disclose to a practitioner, as defined in 50-32-101, that the person has received the same or a similar dangerous drug or prescription for a dangerous drug from another source within the prior 30 days; or

(7) knowingly or purposefully communicating false or incomplete information to a practitioner with the intent to procure the administration of or a prescription for a dangerous drug. A communication of this information for the purpose provided in this subsection is not a privileged communication.

Opinions construing this section

2 opinions
2009 MT 236 Jul 21, 2009 Affirmed
State v. Laura Brendal
Majority by Patricia Cotter · 5 to 0 with 2 concurring
from her sentence in the Fourth Judicial District Brendal pleaded guilty to fraudulently obtaining dangerous drugs (second offense), a felony in violation of § 45-9-104, MCA, and was sentenced to the Montana Women’s Prison (MWP) for a period of 25 years, with 15 suspended. Prior to her sentencing, the State notified Brendal of it
2008 MT 130 Apr 22, 2008 Affirmed
State v. Aaron J. Teets
Majority by Brian Morris · 5 to 0
forged prescription to the Flathead County Sheriff’s Office. ¶5 Teets pled guilty to the charge of fraudulently obtaining dangerous drugs, a violation of § 45-9-104(3), MCA. The Department of Corrections submitted a pre-sentence report. Teets’s report revealed that Teets had no criminal history. Teets asserted that he had not tr
Official Annotations archive.org, 2011 edition
History:
En. Sec. 6, Ch. 314, L. 1969
Amd. Sec. 3, Ch. 359, L. 1977
R.C.M. 1947, 54-134
Amd. Sec. 1719, Ch. 56, L. 2009 (HB 37 - Campbell, Margarett (D) HD 31)
Amd. Sec. 2, Ch. 194, L. 2011 (SB 210 - Tutvedt, Bruce (R) SD 3)
Source text on leg.mt.gov