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 Saturday, 28th March 2009 by dcooley

After pleading guilty to conspiracy to distribute controlled substances, Steven Rosner was sentenced to 33 months by a Judge in the Northern District of Texas for his role in an internet pharmacy operation.  According to the original 201 count indictment, Rosner operated offerpills.com and clickonmed.net to facilitate the distribution of controlled substances, paid doctors Arceli [...]

Tags: Internet Pharmacy Law, Plea, Sentence, Steven Rosner, Website Owners
Posted in Court Cases, DEA, Pharmacies, Ryan Haight Act, Website Owners | Comments (1)

Posted on Wednesday, 25th March 2009 by dcooley

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 [...]

Tags: Internet Pharmacy Law, Trial, U.S. v. Hernandez
Posted in Court Cases, Doctors, Online Consultations, Pharmacies, Ryan Haight Act, Website Owners | Comments (3)

Posted on Tuesday, 24th March 2009 by dcooley

After an administrative hearing last December, an administrative judge revoked the licenses of Hogan’s Pharmacy owners, Mark and Jolane Poindexter, and pharmacist Rick Kloxin for their involvement with an internet pharmacy.  According to the Hutchinson News:
The judge determined that [they] . . . essentially were running two different businesses out of Hogan’s Pharmacy in Lyons. The “front” [...]

Tags: Administrative Hearing, Hogan's Pharmacy, Pharmacies, Ryan Haight Act, State Law
Posted in License Revocation, Pharmacies, Ryan Haight Act | Comments (0)