On October 20, 2010, Dr. Enrique Rivera Mass pled guilty in the U.S. District Court of North Dakota to an Information alleging conspiracy to distribute a controlled substance via various online pharmacies. Specifically, as part of the Plea Agreement, Dr. Rivera Mass acknowledged prescribing “at least 108,084 dosage units of a Schedule III controlled substance” and [...]
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Ryan Haight Act
Dr. Charles McCool, a Pennsylvania doctor, was charged in Pennsylvania state court for prescribing controlled substances via an internet pharmacy to patients without a prior physical examination. Specifically, McCool was charged with one count of “unlawfully administering/dispensing/delivery of a controlled substance by a practitioner unless done in good faith in the course of his [...]
Kansas pharmacist, Rick Kloxin, pled no contest to 14 misdemeanor counts in the Hogan’s Pharmacy internet pharmacy case. Kloxin was the lead pharmacist at Hogan’s Pharmacy and plans to cooperate in the prosecution of Jolane and Mark Poindexter, the owners of Hogan’s. In March, Kloxin lost his license and was fined $62,000. A discussion of the [...]
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 [...]
According to the Seattle Times, the home of Dr. Peter Pfeiffer, of Bellingham, Washington, was raided by DEA agents last Friday as a result of his alleged ties to an Internet pharmacy. The search warrant alleged, among other things, that Pfeiffer was:
writing “a very large number of prescriptions” for hydrocodone between November and February;
writing prescriptions [...]
Yesterday was the effective date for a majority of the provisions in the Ryan Haight Act (Ryan Haight Online Pharmacy Consumer Protection Act). It is now part of the Controlled Substances Act. Also effective yesterday was the interim Ryan Haight Act rule promulgated by the DEA, which I have argued does nothing but make internet [...]
