Legal Opinion

Perzik v. Superior Court

California Court of Appeal

Decided December 19, 1991No. A054791PublishedCited by 2 opinions

[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

  1. Kimmel v. GolandCalifornia Supreme Court · 1990
  2. People v. BraddockCalifornia Supreme Court · 1953
  3. People v. HuntCalifornia Supreme Court · 1971
  4. People v. KinsleyCalifornia Court of Appeal · 1931
  5. People v. JacksonCalifornia Court of Appeal · 1951

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3Cited by2 opinions

  1. Bradley v. Medical BoardCalifornia Court of Appeal · 1997
  2. Daniel Aragon v. Experian Information Solutions, Inc.District Court, S.D. California · 2026

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