Posted on Tuesday, 4th November 2008 by dcooley
Since I have written quite a bit more on internet pharmacy law and strategy related to the Ryan Haight Act and criminal defense law after my last outline, I figured I would update it and attempt to present it in a more organized fashion. Below please find a catalogue of some of my most popular articles on the Ryan Haight Act and online pharmacy prescription drug law.
INTERNET PHARMACY CRIMINAL DEFENSE LAWYER DISCUSSION
Internet Pharmacy Criminal Defense Law Analysis Part 1: A detailed legal background of The Controlled Substances Act (pre Ryan Haight Act) and internet pharmacy law, along with a summary of potential criminal defense arguments against pre Ryan Haight Act indictments and prosecutions.
Internet Pharmacy Criminal Defense Law Analysis Part 2 (Discussion of Ryan Haight Act): Further background discussion of online pharmacy law, including my argument that the Ryan Haight Act undermines pending internet pharmacy prosecutions against website owners, affiliates, pharmacists, and doctors (especially those involved with online consultations services).
Pre Ryan Haight Act Criminal Defense Legislative History Evidence Part 1: Evidence supporting my argument that the very fact Congress sought to pass the Ryan Haight Act, which attempts to outlaw online consultations without a face to face physical examination, implies that the practice was previously legal.
Pre Ryan Haight Act Criminal Defense Legislative History Evidence Part 2: continued
Pre Ryan Haight Act Criminal Defense Legislative History Evidence Part 3: continued
Proving Brick and Mortar Pharmacy Guilt in Internet Pharmacy Cases: Discussing the appropriate response to the prosecution strategy of comparing local pharmacy sales with internet pharmacy sales in order to prove a pharmacist’s “knowledge” of illegality.
Federal Indictments of Internet Pharmacy Doctors: A detailed status outline of doctors indicted for connections to online pharmacies.
Criminal Forfeiture in Internet Pharmacy Cases: An analysis of criminal forfeiture counts in internet pharmacy prosecutions.
RYAN HAIGHT ACT CRIMINAL DEFENSE ATTORNEY DISCUSSION
Detailed Criminal Defense Analysis of the Ryan Haight Act: A description of the potential loopholes and gaps that exist in the Ryan Haight Act.
The Ryan Haight Act Effective Date: A discussion of the effective date of the Ryan Haight Act
Overlooking Current Prosecutions: A reminder that the effective date of the Ryan Haight Act is most likely irrelevant, given the fact that the DEA and DOJ have been prosecuting website owners, doctors, pharmacies, and pharmacists without the benefit of the Ryan Haight Act for several years.
Undermining the Justification for the Ryan Haight Act: An argument that face to face physical examinations do not offer any advantages over online consultations in determining the veracity of a patient’s pain.
More on the Ryan Haight Online Pharmacy Consumer Act: A detailed analysis of my argument that pre-Ryan Haight Act internet pharmacy law is, at the very least, so unclear as to make prosecutions illegitimate and that the Ryan Haight Act only confirms such lack of clarity. In other words, the Ryan Haight Act, somewhat counterintuitively, should benefit pre-Ryan Haight Act criminal defendants.
RYAN HAIGHT ACT STATUS ARTICLES
DEA Ryan Haight Act Press Release: Noting the inconsistencies and flaws in the DEA’s Ryan Haight Act press release.
Ryan Haight Act Signed by the President: Status update.
Senate passes the Ryan Haight Act: Status update.
House Passes Ryan Haight Act: Status update.
House Energy Committee Passes the Ryan Haight Act: Status update.
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, Motion to Dismiss, 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 (28)
December 3rd, 2008 at 4:13 pm
[...] would willingly allow his client to admit that fact, especially prior to the effective date of the Ryan Haight Act amendment to The Controlled Substances Act. Of course, it is also likely that Mr. Andries thought [...]
December 9th, 2008 at 1:14 am
[...] online consultation services under federal law are illegal prior to the effective date of the Ryan Haight Actsimply amazes me. Of course, when individuals are pleading guilty right and left, what they [...]
December 16th, 2008 at 4:03 pm
[...] somewhat similar arguments to the ones posited here, including the argument that the passage of the Ryan Haight Actindicates that pre-Ryan Haight Act law did not outlaw online consultations with extensive medical [...]
December 16th, 2008 at 4:20 pm
[...] of Justice’s 2009 National Drug Threat Assessment, among other things, predicts that the Ryan Haight Act will “most likely reduce the number of rogue internet pharmacies selling controlled [...]
December 23rd, 2008 at 3:48 am
[...] would indict individuals involved in internet pharmacy operations after the passage of the Ryan Haight Act but before its 2009 effective date. I now have my answer. David A. Vogel, Jonathan Vogel and [...]
December 24th, 2008 at 6:30 pm
[...] substances are generally, though not exclusively, regulated by the FDA. Remember that the Ryan Haight Act only applies to controlled substances. The Act both expressly says so and was enacted as an [...]
January 30th, 2009 at 12:44 pm
[...] History: Juan Ibanez pleads guilty. Discussion of the Ryan Haight Act. [...]
January 30th, 2009 at 4:14 pm
[...] internet criminal defense legal theories associated with the Controlled Substances Act and the Ryan Haight Act appear to be inapplicable in this case. However, given its use of the internet, I plan share my [...]
February 3rd, 2009 at 2:53 pm
[...] pharmacy law, much like my equivalent, initial discussion of the Controlled Substances Act and the Ryan Haight Act many months [...]
March 12th, 2009 at 4:53 pm
[...] law and Ryan Haight Act articles (discussing both controlled and noncontrolled substances) in one blog post. Below is my second attempt at doing so, given that I have written much more since then. Keep [...]
March 24th, 2009 at 1:10 pm
[...] a previous blog entry on this case, I noted that a very similar Ryan Haight Act esque argument was available to the individuals in here: One of the interesting things that came [...]
March 25th, 2009 at 1:16 pm
[...] in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 2nd, 2009 at 5:37 pm
[...] really only in its infancy. This may come as a surprise to those who have witnessed numerous pre Ryan Haight Act prosecutions over the last five years. While there have been many indictments, convictions, [...]
April 4th, 2009 at 1:18 pm
[...] in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 10th, 2009 at 10:46 pm
[...] in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 10th, 2009 at 10:49 pm
[...] just further supports my amazement when people blindly plead guilty to these pre-Ryan Haight Act internet pharmacy charges. It is always a risk to go to trial, but, for the individuals that [...]
April 10th, 2009 at 10:51 pm
[...] and the need for telemedicine can coexist. That sounds like a lot to ask for, however. The Ryan Haight Act is evidence enough that the federal government might not be the best body to regulate the practice [...]
April 10th, 2009 at 10:56 pm
[...] in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 10th, 2009 at 11:11 pm
[...] to be very similar to the federal version of The Controlled Substances Act (which the Ryan Haight Act recently [...]
April 11th, 2009 at 11:40 am
[...] in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 19th, 2009 at 7:47 pm
[...] in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 21st, 2009 at 8:59 pm
[...] in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 27th, 2009 at 8:15 pm
[...] in prescription, drug and Internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 30th, 2009 at 4:46 pm
[...] in prescription, drug and Internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
April 30th, 2009 at 4:48 pm
[...] in prescription, drug and Internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
May 10th, 2009 at 8:50 pm
[...] in prescription, drug and Internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me [...]
June 3rd, 2009 at 7:17 pm
[...] Food, Drug and Cosmetic Act (”FFDCA”) rather than the Controlled Substances Act and Ryan Haight Act amendment. I have previously written extensively on non-controlled subtance internet pharmacy law [...]
June 5th, 2009 at 5:01 pm
[...] medical purpose and not in the usual course of professional practice (as a reminder, this is a pre Ryan Haight Act [...]