Posted by Mitchell on September 19, 2001, at 18:16:55
In reply to Re: No prescription needed, posted by Dr. Bob on September 19, 2001, at 2:05:11
> > > Having meds without a script is a felony.
> > Can you please provide some references for the above statement.> It doesn't say "felony", and it's importing, not just having, but see the very end of the
new section of the FAQ:Sorry, I'm lost. What is "it"? The Customs brochure doesn't *say* felony, but that is not the final word. Would a U.S. Attorney say "felony"? The U.S. Code about penalties for possession does not say "felony" but the language is implicit. Penalties of more than a year are usually for felony crimes. Misdemeanors are less than a year. First time possession of scheduled drugs (with some exceptions) under Title 21 is a misdemeanor i.e. less than a year in prison. But maybe that is an incorrect measure of felony vs. misdemeanor. At least other sections of federal law that describe misdemeanors and felonies seem to follow that guideline. A lawyer practicing criminal law in federal courts would know, as should a corporate lawyer serving the medical industry.
>it's importing, not just having
Again, what is "it"? Is "it" the question, about importing? If so, having is a part of "it", because to successfully import meds, one eventually has to "have" them. So laws that apply to having would apply to importing, because importing is attempting to have. In many states, there are generic "attempt" provisions that blanket most other laws - attempting any crime is a lesser kind of the same crime. I'm not so sure about U.S. Code. At any rate, discussion of the law involving importation would have to consider the law about possession.
> Actually you are misunderstanding the terms used. … "Controled Substances" are any perscribed meds, "Scheduled" refers to the drugs of possible abuse (james)
That would seem to be the common sense understanding, but U.S. Code seems to clearly define "controlled substance" Can anyone cite a definition other than Title 21, Section 802 :
………………………………………….
The term ''controlled substance'' means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter.
………………………………………….Not a lot of wiggle room there, though it defies common sense. If the government controls it, it would seem to be a controlled substance. Prescriptions seem to be required for importation (per the FAQ cite of U.S. Customs), but if controlled substances are only scheduled drugs and their precursors (per Sec. 802), what *is* the authority that requires prescriptions for possession of non-scheduled drugs? Is that a voluntary system? Maybe only state laws require prescriptions?
Finally,
> > >Well, it's their job to enforce the law, not ours, or at least certainly not mine. And we can warn people of the potential consequences, legal or otherwise.Certainly, but it is all of our obligation to obey the law or face possible prosecution. I don't mean to accuse, but I know of numerous cases where those who did nothing more than telling others where to get street drugs were convicted for conspiracy to distribute. I had always assumed the same laws apply to phenobarbitol, or benzodiazapam. "You can get crack on the street corner" might be legal, but "John Doe will sell you some crack, go see him on the street corner" might land you in jail. This seems to be a fine legal line, but *if* it is illegal to possess non-scheduled drugs without a prescription, it might be illegal to assist others in their efforts to illegally obtain medications. We can't "warn people of the potential consequences" if nobody here can say with authority what are the potential consequences. In the case of Napster, those who provided information about where to get illegal material (recordings) were threatened with prosecution. But then again, there are all those "where to get drugs" sites and nobody shut tem down, yet.
So…
* is it illegal to have non-scheduled prescription drugs without a prescription? Felony? Misdemeanor?
* what law requires prescriptions for non-scheduled medications?* Is it legal to tell people where to get meds without a prescription?
The more I learn, the more confused I become.
poster:Mitchell
thread:2069
URL: http://www.dr-bob.org/babble/admin/20010718/msgs/2093.html