Legal Opinion
State v. Sway
Ohio Supreme Court
Decided December 31, 1984No. 84-383PublishedCited by 25 opinions
1Opinion of the CourtHolmes, J.
In this appeal, we are asked to determine whether a physician who unlawfully issues prescriptions knowing that they will be used for illicit drug trafficking can be found guilty of a criminal “sale” under R.C. 2925.03(A)(1). A majority of the appellate court answered this query in the negative. However, based on the following, we reverse.
Our analysis begins by reviewing the statutory provisions in question. R.C. 2925.03(A) states in pertinent part:
“No person shall knowingly do any of the following:
“(1) Sell or offer to sell a controlled substance in an amount less than the minimum bulk amount…
2Cases cited24 opinions
- State v. MoodySupreme Court of Louisiana · 1981
- United States v. BrownSupreme Court of the United States · 1948
- United States v. MooreSupreme Court of the United States · 1975
- Jin Fuey Moy v. United StatesSupreme Court of the United States · 1920
- United States v. Maurice W. Rosenberg, M.D.Court of Appeals for the Ninth Circuit · 1975
19 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. WarnerOhio Supreme Court · 1990
- State v. DavisOhio Court of Appeals · 2018
- State v. HurdOhio Supreme Court · 2000
- State v. YoungWest Virginia Supreme Court · 1991
- State v. CalhounOhio Court of Appeals · 2019
20 more not listed; retrieve them via the Exa API.