Criminal Defense Attorney Analysis of Internet Pharmacy, Prescription, and Drug Law

Category: Legislation

I have argued in the past that the Ryan Haight Act benefits criminal defendants in pending internet pharmacy federal prosecutions (i.e. those indicted for actions occurring prior to the effective date of the Controlled Substances Act Ryan Haight Amendments).  In short, if the Ryan Haight Act attempts to outlaw prescriptions issued by doctors without a physical evaluation via online pharmacies (not falling […]

The DEA wasted no time issuing its press release on President Bush’s signing of the Ryan Haight Act: Cyber-criminals illegally peddling controlled substances over the Internet have invaded households and threatened America’s youth for far too long by supplying pharmaceuticals with a few clicks of a mouse and a credit card number,” Acting Administrator Leonhart […]

According to the text of the Ryan Haight Act, most of its provisions, including the ones outlawing internet pharmacy prescriptions without a doctor’s face to face physical examination, have an effective date of 180 days after the law’s enactment: Except as provided in paragraph (2), the amendments made by this Act shall take effect 180 days after the […]

The Ryan Haight Act (formally The Ryan Haight Online Pharmacy Consumer Protection Act of 2008) was signed by President George Bush today, which amends The Controlled Substances Act to address internet pharmacy prescriptions and practice. I have written extensively on The Ryan Haight Act.  I still believe that even the attempt to amend The Controlled Substances Act to regulate drugs […]

I have written extensively about the ramifications of the Ryan Haight Act on pending online pharmacy criminal indictments and prosecutions, the effectiveness of the Act at regulating internet pharmacy prescriptions and the Ryan Haight Act’s effect on criminal law in general.  Below please find a detailed outline of my analysis to date on the Ryan Haight Act.  I […]

I dicussed this internet pharmacy quote yesterday, but I wanted to emphasize it today in a seperate article.  Dianne Feinstein, the Ryan Haight Bill sponsor in the Senate, was quoted in the Wall Street Journal yesterday regarding why the Ryan Haight Act was needed: Regulators say the new law is intended in part to strengthen […]

I previously wrote in my internet pharmacy criminal defense strategies article that the Ryan Haight Act, somewhat counter-intuitively, provides a potential defense for criminal defendants in online pharmacy and internet prescription prosecutions commenced prior to the effective date of the Act.  To summarize, I noted that it is illogical for the DEA and DOJ to argue […]

With the focus on the Ryan Haight Act, I imagine many are wondering when the Act becomes effective should the President sign it (which he will).  Note, however, that the Drug Enforcement Agency (DEA) would view that date as irrelevant.  The DEA and Department of Justice (DOJ) are indicting, prosecuting, and successfully convicting online pharmacy website owners, doctors, and pharmacists […]

The amended version passed by the House on September 23, 2008 has now passed the Senate.  All that is left is the President’s signature.  I have summarized and linked previous discussion on the Act and its effect on online pharmacy prescriptions below: Detailed Criminal Defense Analysis of Ryan Haight Act Pharmacy Association Erroneously Favors the Ryan Haight Act House […]

The Ryan Haight Act (also known as The Ryan Haight Online Pharmacy Protection Act) is making its way through Congress on its way to the President’s desk.  Almost unanimous congressional support exists for the Bill, and President Bush has previously declared his support for it in his March 2008 radio address.  Thus, barring unexpected circumstances (a financial […]