Posted on Tuesday, 14th October 2008 by dcooley
I have written extensively about the ramifications of the Ryan Haight Act on pending online pharmacy criminal indictments and prosecutions, the effectiveness of the Act at regulating internet pharmacy prescriptions and the Ryan Haight Act’s effect on criminal law in general. Below please find a detailed outline of my analysis to date on the Ryan Haight Act. I welcome any commentary in the comments section or by email.
- Further Evidence for Criminal Defendants: Evidence that the Ryan Haight Act might have outlawed something previously legal, benefiting those indicted pre-Ryan Haight Act.
- Ryan Haight Act Signed by the President: Status update.
- Legislative History of the Ryan Haight Act: An argument that the legislative history of the Ryan Haight Bill benefits pre-Ryan Haight internet pharmacy criminal defendants.
- More on the Ryan Haight Online Pharmacy Consumer Act: A detailed analysis of my argument that the mere fact that Congress seeks to enact the Ryan Haight Act indicates that the current law does not prohibit online pharmacy prescriptions or, at the very least, that the current law is extremely unclear. Either way, pre-Ryan Haight indictments are, thus, legally invalid.
- Ryan Haight Act: Overlooking Current Prosecutions: A reminder that the effective date of the Act is essentially irrelevant in the DEA and DOJ’s eyes, since they have been indicting pharmacists, pharmacies, pharmacy affiliates (website owners) and doctors without the benefit of the Ryan Haight Act for many years.
- Detailed Criminal Defense Analysis of Ryan Haight Act: A detailed explanation of potential loopholes that exist in The Ryan Haight Act.
- Senate passes the Ryan Haight Act: Ryan Haight Bill status report.
- Pharmacy Association Erroneously Favors the Ryan Haight Act: An example of the legal inconsistencies that plague the current understanding of internet pharmacy criminal law, The Controlled Substances Act, and the Ryan Haight Act amendment.
- House Passes Ryan Haight Act: Another Ryan Haight Act status report.
- House Energy Committee Passes the Ryan Haight Act: Another Ryan Haight online pharmacy law status report.
- Internet Pharmacy Prosecution Criminal Defense Legal Issues: Part 2: The initial discussion of my argument that the very fact that Congress seeks to pass The Ryan Haight Act undermines pending online pharmacy prosecutions, (especially those against online consultation services) in which doctors prescribe medication without a face-to-face physical examination.
- Internet Pharmacy Prosecution Criminal Defense Legal Issues: Part 1: A detailed explanation of the major legal issues associated with internet pharmacy law and, specifically, an analysis of The Controlled Substances Act.
The content on this post does not constitute legal advice and is for informational purposes only. You should not act upon the information presented on this website without seeking the advice of legal counsel. Should you wish to speak to an experienced criminal defense attorney knowledgeable in internet pharmacy, prescription, and drug law, please feel free to contact me directly.
Tags: Controlled Substances, Criminal Appeals, Criminal Defense, Internet Pharmacy Law, Non-Controlled Substances, Ryan Haight Act
Posted in Court Cases, DEA, Direct "Script", Doctors, License Revocation, Online Consultations, Pharmacies, Ryan Haight Act, Website Owners | Comments (10)
October 16th, 2008 at 2:29 pm
[...] The Ryan Haight Act (formally The Ryan Haight Online Pharmacy Consumer Protection Act of 2008) was signed by President George Bush today, which amends The Controlled Substances Act to address internet pharmacy prescriptions and practice. [...]
October 17th, 2008 at 1:42 am
[...] GoDaddy supports the Ryan Haight Act (aka The Ryan Haight Online Pharmacy Consumer Act) is anyone’s guess; however, I doubt it is [...]
October 20th, 2008 at 1:38 am
[...] argued in the past that the Ryan Haight Act benefits criminal defendants in pending internet pharmacy federal prosecutions (e.g. those [...]
October 20th, 2008 at 2:09 pm
[...] to the text of the Ryan Haight Act, most of its provisions, including the ones outlawing internet pharmacy prescriptions without [...]
October 20th, 2008 at 4:19 pm
[...] The DEA wasted no time issuing its press release on President Bush’s signing of the Ryan Haight Act: [...]
October 21st, 2008 at 4:39 pm
[...] of the justifications for the Ryan Haight Act was that doctors performing face to face examinations can determine the veracity of a [...]
October 24th, 2008 at 2:21 pm
[...] wrote about the legal difficulties of convicting an internet pharmacy or pharmacist pre and post Ryan Haight Act. Specifically, I noted the hurdles to persuading a jury that a pharmacist knew (as required by [...]
October 24th, 2008 at 5:32 pm
[...] of the best websites for tracking prescription drug and internet pharmacy law related regulation, including the Ryan Haight Act, is maplight.org. You can track a [...]
October 29th, 2008 at 10:57 am
[...] so quickly (Juan Ibanez was indicted in December 2007) when faced with a prosecutor’s pre Ryan Haight Act legal theories which, in my opinion, are fundamentally flawed, constitutionally impermissible, and [...]
November 4th, 2008 at 12:19 am
[...] internet pharmacy law and strategy related to the Ryan Haight Act and criminal defense law since my last outline, I figured I would update it and attempt to present it in a more organized fashion. Below please [...]