Criminal Defense Attorney Analysis of Internet Pharmacy, Prescription, and Drug Law
From the category archives:
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.
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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 [...]
In December 2008, I reported on an internet pharmacy case, in which Colorado doctor Christian Hageseth was being prosecuted for “practicing medicine without a license in California.” The charge stemmed from a 2005 prescription (Prozac) issued to Stanford student John McKay via USAnewRx.com, an online pharmacy. McKay later committed suicide. Last week Hageseth pled no contest and will [...]
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The judge in U.S. v. Hernandez (06-600027), a federal internet pharmacy trial in Florida (in its eighth week), has declared a mistrial, after numerous jurors admitted to doing their own internet research via their handheld phones during deliberations. The jury was leaning towards an acquittal.
This trial has certainly had its share of distractions. Only a few weeks prior to the [...]
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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 [...]
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Ohio pharmacist Gary A. Evankovich was indicted for his alleged involvement with an internet pharmacy by a Mahoning County grand jury on 24 counts of “reckless retail sale of drug[s].” The drug sales allegedly originated from the internet, and the prescriptions were signed by a New York doctor. Prosecuting Attorney Robert Bush stated that Evankovich “illegally filled prescriptions [...]
