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Legal Opinion

State v. Clausing

Washington Supreme Court

Decided October 24, 2002No. 70957-2PublishedCited by 69 opinions

1Opinion of the Court

Sweeney, J.*

— It is unlawful for any person to deliver a legend drug except upon prescription of a physician. RCW 69.41.030. Vernon Clausing is a defrocked osteopathic physician. He delivered a legend drug1 to a police agent. The State charged him with violating former RCW 69.41.030 (1994). The dispositive question is whether the jury instructions correctly specified the elements of former RCW 69.41.030. The trial court effectively instructed the jury that it was a crime to deliver a legend drug unless delivery was by a licensed practitioner. The statute does not require delivery by a…

2Cases cited11 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. State v. PirtleWashington Supreme Court · 1995
  3. State v. PirtleWashington Supreme Court · 1995
  4. Eduardo Burkhart v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 1997
  5. State v. WanrowWashington Supreme Court · 1977

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3Cited by69 opinions

  1. State v. J.P.Washington Supreme Court · 2003
  2. State v. MillsWashington Supreme Court · 2005
  3. State v. MillsWashington Supreme Court · 2005
  4. City of Olympia v. DrebickWashington Supreme Court · 2006
  5. City of Olympia v. DrebickWashington Supreme Court · 2006

64 more not listed; retrieve them via the Exa API.

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