DrugBuyers.Com: DOUBLE DIPPING & DEA!!!

A few states have laws that make it illegal to get the same controlled substance from more than one doctor at the same time. Others have similar laws that require you to tell your doctor if you're getting that drug or any controlled substances from another doctor.

But EVERY state makes it a crime to use false pretenses to obtain controlled substances. So if you fill out an OP order form where it asks you if you are getting this drug from another source, or what drugs are you taking, or any other false information ... and you lie, then it's at least a misdemeanor crime in every state. You commit the crime in the state where you filled out that web form and are subject to your state's laws when you place the order. You also MIGHT be subject to the drug laws of the state in which the pharmacy is located, but they OP would be the one to take the heat in almost all cases.

People here talk all the time about "the law" against "double dipping" but i've never seen anyone post the actual text of any such law. Such a law might exist somewhere, but i haven't seen it.

You can probably find your state's statutes ("State Laws--Cases and Codes") by following links from www.findlaw.com. It's often hard to find what you're looking for and some of the state statutes are not easily searched. It's also possible that the state is not keeping their list of statutes up to date. Ignorance of the law is no defense. A judge or jury could take someone's dilgence into account in passing sentence, but it should not affect guilt or innocence. Lawyers depend on the database kept by Westlaw for the freedom of their clients, because Westlaw does a very good job of keeping it up to date. Unfortunately, a Westlaw subscription is very expensive. Lexis-Nexis is not as good as Westlaw for legal research, but it's better than any free search engine.

If you do search your state's stautues on the state's web site (if they even have them on-line), such a law could be found under Criminal Code, Public Health and Safety, Medical and Pharmacy Practice, Controlled Substances, or another section of the state's statutes. Good Luck!

Searching the U.S. Code and the federal appeals court cases that interpreted those laws is a lot simpler than doing the same for most states. One thing is beyond doubt. There is no federal law against "double dipping." The only possible charge would be illegal possession of a controlled substance, which is a federal misdemeanor (with no priors).

Trampy

P.S. Sonick is right. No search engine can be relied upon to show that such a state law does not exist. Most state legislatures have a legal library and they usually post its phone number on a state web site. Sometimes they give the phone number of a research department. If you get information from them over the phone or with a visit it's probably reliable. If the state library gives you the number of the statute over the phone, then you can probably find it on the web or by going to a public library and looking through the published statutes. New laws, though, can take some time to make their way into publication. There's also the possibility of an Emergency Order by a state official that made something illegal; those would be very hard to find (but give much better grounds for claiming ignorance as a defense). The back-office research work of a lawyer can be substantial and that is one reason good lawyers are expensive (if they're not working pro bono). The bottom line is that it's hard to prove a negative. Just because you did not find a law does not mean it doesn't exist.

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Your mileage may vary ...

Edited by Trampy (09/14/03 12:27 AM)