InternetDrugLaw.com

Posted on Sunday, 10th May 2009 by dcooley

Many federal circuits permit a good faith jury instruction in cases in which doctors are prosecuted under the Controlled Substances Act.  Internet pharmacy law cases involving doctors are no different.  Below is an illustrative case:
U.S. v. Hurwitz, 459 F.3d 463 (2006):  The Fourth Circuit Court of Appeals reversed Dr. William E. Hurtwitz’s conviction due to the [...]

Tags: Controlled Substances, Criminal Appeals, Criminal Defense, Doctors, Internet Pharmacy Law, jury instructions, Pharmacies, Ryan Haight Act, Website Owners
Posted in Court Cases, Doctors, Pharmacies, Ryan Haight Act, Website Owners | Comments (0)

Posted on Wednesday, 8th April 2009 by dcooley

The final rule on the “Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act” (aka Ryan Haight Act) was published in the Federal Register Monday by the DEA and DOJ. It can be found here. It draws some interesting conclusions with respect to internet pharmacy law, and the new regulations only serve to increase already existing legal ambiguity.

Tags: Criminal Appeals, Criminal Defense, Internet Pharmacy Law, Ryan Haight Act
Posted in Court Cases, DEA, Direct "Script", Doctors, License Revocation, Online Consultations, Pharmacies, Ryan Haight Act, Website Owners | Comments (1)

Posted on Thursday, 2nd April 2009 by dcooley

The development of Internet pharmacy law is 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, mistrials and acquittals in the past few years, Appellate Courts have yet to render decisions on some of [...]

Tags: Controlled Substances, Criminal Appeals, Criminal Defense, Internet Pharmacy Law, Non-Controlled Substances, Ryan Haight Act, Studies
Posted in Court Cases, DEA, Direct "Script", Doctors, License Revocation, Online Consultations, Pharmacies, Ryan Haight Act, Website Owners | Comments (0)

Posted on Thursday, 12th March 2009 by dcooley

Several months ago I linked all of my more extensive criminal defense internet pharmacy 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 in mind that the legal landscape for internet pharmacy [...]

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 (5)

Posted on Thursday, 29th January 2009 by dcooley

Much of this blog has been devoted to criminal defense attorney analysis of the ambiguities of controlled substance internet pharmacy law; however, the law governing online pharmacies selling non-controlled substances is just as vague and unclear.  This post will serve as an initial background discussion of non-controlled substance internet pharmacy law, much like my equivalent, initial [...]

Tags: Adulteration, Criminal Appeals, Criminal Defense, Federal Food Drug and Cosmetic Act, Internet Pharmacy Law, Misbranding, Non-Controlled Substances
Posted in Court Cases, Doctors, Online Consultations, Pharmacies, Website Owners | Comments (5)

Posted on Tuesday, 16th December 2008 by dcooley

Criminal defense attorneys in various federal internet pharmacy trials have recently, though unsuccessfully, sought to dismiss federal indictments (via Federal Rule of Criminal Procedure 12b) utilizing somewhat similar arguments to the ones posited here, including the argument that the passage of the Ryan Haight Act indicates that pre-Ryan Haight Act law did not outlaw online consultations with extensive [...]

Tags: AffPower, Criminal Appeals, Criminal Defense, Internet Pharmacy Law, JIVE, Motion to Dismiss, Ryan Haight Act
Posted in Court Cases, Doctors, Online Consultations, Pharmacies, Ryan Haight Act, Website Owners | Comments (0)