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

Category: Legislation (Page 2)

The National Community Pharmacists Association (NCPA) released a statement today supporting The Ryan Haight Act.  Big surprise. Notable quotes from their self-serving press release include grandiose, generalized statements such as “[t]he safety of every American is at risk if these illegal online operators are allowed to continue.”  Somehow I doubt that. And, even worse, “some . […]

House Passes Ryan Haight Act

on September 24, 2008

The Ryan Haight Online Pharmacy Consumer Protection Act, which I discussed in my internet pharmacy and doctor criminal defense legal issues series, was passed by the House today.  The Committee amended some language, so it must be re-passed by the Senate before it heads to the President’s desk.  How soon the President views the bill is anyone’s […]

The Ryan Haight Act that I discussed in my Internet Pharmacy Criminal Defense Issues Part 2 article was unanimously passed by the House Energy and Commerce Committee last week.  Adding more fuel to my pro-criminal defense attorney argument that Congress must really think that online pharmacy prescriptions without physical examinations (or doctor-patient relationships) are currently legal, the bill will now be […]

The DEA’s argument that online consultation services (”OCS”) are illegal under The Controlled Substances Act requires a four step analysis. The Controlled Substances Act, 21 U.S.C. 801-971, outlaws the distribution of controlled substances without a valid prescription; The Code of Federal Regulations, 21 C.F.R. 1306.04(a), states that, for a prescription to be valid, it must be issued for a […]