PharmacyProhibitions and Offenses
Section § 4320
If someone breaks the rules outlined in this section, they can face penalties. These penalties can be dealt with through a lawsuit or criminal charges. Either the state of California or local district attorneys will handle these cases, depending on the seriousness of the violation. For serious crimes, the district attorney handles felony cases, while less serious cases might be managed by a city attorney.
Section § 4321
This section lays out penalties for breaking rules in a specific chapter of California law. If someone knowingly violates these rules, and there's no specific punishment outlined, it's a misdemeanor. They could face a fine between $200 and $2,000, up to six months in jail, or both. For other violations not done knowingly, it counts as an infraction with a fine up to $1,000.
Section § 4322
This law states that if someone lies to get a professional license for themselves or another person, or falsely claims to be registered, they are committing a misdemeanor. If found guilty, they could face a fine up to $5,000, up to 50 days in jail, or both.
Section § 4323
If you pretend to be a doctor or someone else who can legally prescribe medication to get drugs from a pharmacist—either by phone or online—you could spend up to a year in county jail.
Section § 4324
This law makes it a crime to forge a prescription for any drugs, which includes signing someone else's name, making fake prescriptions, or altering existing ones. If you're caught doing this, you could face prison time or up to a year in county jail. Additionally, if you have drugs that you obtained through a forged prescription, you could face similar penalties.
Section § 4325
This law makes it illegal for anyone who isn't a medical professional like a doctor, pharmacist, or veterinarian, or someone they have authorized, to make, copy, or have prescription pads with fake doctor information. If you break this rule, it's considered a misdemeanor, which is a type of crime less serious than a felony.
Section § 4327
In California, if someone is working and handling drugs—like selling or preparing them—and they are under the influence of alcohol or a dangerous drug, they're committing a misdemeanor, which is a minor criminal offense.
Section § 4328
This law states that in a pharmacy, only a licensed pharmacist is allowed to mix, prepare, or provide medications or dangerous drugs. If anyone else does this, it is considered a criminal offense known as a misdemeanor.
Section § 4329
In California, if someone who is not a licensed pharmacist tries to run a pharmacy, manage it, or act as the supervising pharmacist, they're breaking the law. Also, if they prepare or provide prescription drugs without exceptions outlined in the chapter, it's considered a misdemeanor offense.
Section § 4330
If someone has a pharmacy license but doesn’t have a pharmacist in charge, or allows prescriptions to be filled or dangerous drugs to be provided by anyone who isn’t a pharmacist, they’re committing a misdemeanor. Also, if a pharmacy owner does anything to interfere with the pharmacist in charge following pharmacy laws, that's a misdemeanor too.
Section § 4331
This law says it's a misdemeanor, which is a type of crime, for someone who isn't authorized to be in charge of certain businesses that handle prescription drugs or dangerous devices. This includes wholesalers, veterinary drug retailers, and third-party logistics providers. They need to have qualified people like pharmacists or designated representatives to manage these tasks. If they fail to do so, or if they let unqualified people handle the drugs or devices, they're breaking the law.
Section § 4332
This law states that if a person is supposed to keep certain records and they don't, or if they don't show these records to an authorized person when asked, or if they provide fake records, they're committing a misdemeanor, which is a crime.
Section § 4333
This law requires pharmacies to keep records of all prescriptions and some other mandatory records at their location for three years, even if they close down. If a pharmacy closes, records must still be kept at a board-approved location for three years. Not following this rule can lead to a misdemeanor charge and a fine. However, the board can grant a waiver, allowing records to be kept off-site without penalty. The board retains its authority even if it grants such a waiver.
Section § 4335
If someone intentionally breaks the rules outlined in a specific part of Section 4312, they are committing a minor crime, called a misdemeanor.
Section § 4336
This law states that if someone uses a minor to help with illegal activities involving dangerous drugs, they are committing a felony. However, this rule does not apply to pharmacists who are legally providing these drugs with a valid prescription.
Section § 4337
This law states that when fines are collected for certain violations related to this chapter, the money is split in two. Half of the fine goes to the State Treasury for the Board of Pharmacy's fund, and the other half goes to the local government where the violation was handled, joining other local misdemeanor fines.
Section § 4338
This law lets a judge impose an extra fine of up to $70 on someone who breaks certain rules (Sections 4140 or 4142). The money from this fine goes to specific uses as described in another part of the law. Before setting the fine, the judge has to consider whether the person can afford to pay it. Not being able to pay the fine shouldn't stop someone from getting probation.
Section § 4339
This law allows a state board to take legal action to stop anyone from breaking the rules outlined in their specific regulations. They can do this in a local court without having to prove that there's no other solution or that the issue will cause significant harm. However, this doesn't apply to drugs or products that meet certain packaging and labeling rules. Additionally, this law is in addition to other legal actions the board can take, meaning it doesn't limit or replace any other potential legal routes they have.
Section § 4340
This law makes it illegal for out-of-state pharmacies that aren't properly registered and for California residents to advertise pharmacy services in a way that encourages people in California to use their pharmacy for filling prescriptions.
Section § 4341
This law allows prescription drugs or devices to be advertised, but only if the advertisement follows the specific rules outlined in another section, Section 651.
Section § 4342
This law allows the board to take legal action to stop the sale of drugs that don't meet quality standards or break certain health laws. If someone knowingly breaks related regulations, they will be punished as specified in specific sections.
Section § 4343
This law states that you can't use certain words or symbols related to pharmacies or medicine, like 'Pharmacist' or 'Rx,' on or in a building unless a licensed pharmacy actually exists in that building. The license must be issued by the board according to Section 4110.