Perzik v. Superior Court
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
ANDERSON, P. J.
Subdivision (a) of Health and Safety Code 1 section 11379 specifies criminal liability for every person who (among other things) “sells, furnishes, administers, or gives away . . . any controlled substance . . . which is not a narcotic drug . . . unless upon the prescription of a physician . . . licensed to practice in this state.” We hold that a physician who prescribes and, pursuant to that prescription, sells a controlled substance without a legitimate medical purpose can be tried for violating section 11379.
Background
Petitioner John D. Perzik is a physician licensed…
2Cases cited10 opinions
- Kimmel v. GolandCalifornia Supreme Court · 1990
- People v. BraddockCalifornia Supreme Court · 1953
- People v. HuntCalifornia Supreme Court · 1971
- People v. KinsleyCalifornia Court of Appeal · 1931
- People v. JacksonCalifornia Court of Appeal · 1951
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bradley v. Medical BoardCalifornia Court of Appeal · 1997
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