From the monthly archives:

October 2008

I have argued in the past that the Ryan Haight Act benefits criminal defendants in pending internet pharmacy federal prosecutions (i.e. those indicted for actions occurring prior to the effective date of the Controlled Substances Act Ryan Haight Amendments).  In short, if the Ryan Haight Act attempts to outlaw prescriptions issued by doctors without a physical evaluation via online pharmacies (not falling [...]

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Why Did GoDaddy Support The Ryan Haight Act?

by dcooley on October 17, 2008

Why GoDaddy supports the Ryan Haight Act (aka The Ryan Haight Online Pharmacy Consumer Act) is anyone’s guess; however, I doubt it is for the altruistic reasons cited in their press release yesterday: 
Go Daddy helped shape this legislation because we needed the tools to shut down unscrupulous online pharmacies, said Go Daddy CEO and Founder Bob [...]

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The President Signs The Ryan Haight Act

by dcooley on October 16, 2008

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.
I have written extensively on The Ryan Haight Act.  I still believe that even the attempt to amend The Controlled Substances Act to regulate drugs dispensed [...]

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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 [...]

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As I mentioned in my internet pharmacy criminal defense legal issues discussion, there are a number of hurdles the government must overcome to convict pharmacists for dispensing controlled substances (i.e. filling medication) without a valid prescription under The Controlled Substances Act.  A pharmacist might have no idea that the prescription was a result of an online consultation without [...]

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As I reported in September, the criminal charges against an internet pharmacy, Signature Compounding Pharmacy, were dismissed with prejudice by an Albany, NY judge because of, among other things, inadequate grand jury instructions.
Now the operators of Signature Pharmacy have filed a civil rights complaint in Orange County, Florida against Albany District Attorney David Soares, assistant prosecutor Christopher P. [...]