People v. Rice

Michigan Court of Appeals

People v. Rice

283 N.W.2d 762, 91 Mich. App. 419, 1979 Mich. App. LEXIS 2265

CourtMichigan Court of Appeals

DecidedJuly 23, 1979

DocketDocket 78-2879

StatusPublished

This text of 283 N.W.2d 762 (People v. Rice) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rice, 283 N.W.2d 762, 91 Mich. App. 419, 1979 Mich. App. LEXIS 2265 (Mich. Ct. App. 1979).

Pincite

Opinion

V. J. Brennan, P.J.

On October 12, 1977, defendant Theodore Rice, D.O., was charged with two counts of unlawfully dispensing and/or delivering a controlled substance in violation of MCL 335.341(l)(c); MSA 18.1070(41)(l)(c). Defendant moved to quash the information claiming that a physician dispensing controlled substances by prescription cannot be prosecuted under the above statute. The trial court noted this Court’s split of authority on this issue as set forth in People v Kerwin, 56 Mich App 483; 224 NW2d 113 (1974), and People v Alford, 73 Mich App 604; 251 NW2d 314 (1977). In reliance upon Kerwin, the trial court granted defendant’s motion to dismiss. The people appeal as of right.

The Supreme Court in People v Alford, 405 Mich 570, 589; 275 NW2d 484 (1979), resolved the conflict in the Court of Appeals as to whether a physician may be convicted of violation of the controlled substances act. The Court stated:

"We hold that physicians can dispense controlled substances only 'to the extent authorized by their registration and in conformity with the other provisions of this chapter.’ MCL 335.332(2); MSA 18.1070(32X2).

"A physician dispensing controlled substances not in the course of professional practice or research can be prosecuted for unlawful delivery of a controlled substance. Whether a physician or any other person listed in MCL 335.307(3)(a); MSA 18.1070(7)(3)(a) is acting in good faith in the course of professional practice or research is a question of fact.”

*421 Under the authority of Alford, the lower court’s order quashing the information is vacated.

Reversed.

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V. J. Brennan, P.J.

On October 12, 1977, defendant Theodore Rice, D.O., was charged with two counts of unlawfully dispensing and/or delivering a controlled substance in violation of MCL 335.341(l)(c); MSA 18.1070(41)(l)(c). Defendant moved to quash the information claiming that a physician dispensing controlled substances by prescription cannot be prosecuted under the above statute. The trial court noted this Court’s split of authority on this issue as set forth in People v Kerwin, 56 Mich App 483; 224 NW2d 113 (1974), and People v Alford, 73 Mich App 604; 251 NW2d 314 (1977). In reliance upon Kerwin, the trial court granted defendant’s motion to dismiss. The people appeal as of right.

The Supreme Court in People v Alford, 405 Mich 570, 589; 275 NW2d 484 (1979), resolved the conflict in the Court of Appeals as to whether a physician may be convicted of violation of the controlled substances act. The Court stated:

"We hold that physicians can dispense controlled substances only 'to the extent authorized by their registration and in conformity with the other provisions of this chapter.’ MCL 335.332(2); MSA 18.1070(32X2).

"A physician dispensing controlled substances not in the course of professional practice or research can be prosecuted for unlawful delivery of a controlled substance. Whether a physician or any other person listed in MCL 335.307(3)(a); MSA 18.1070(7)(3)(a) is acting in good faith in the course of professional practice or research is a question of fact.”

*421 Under the authority of Alford, the lower court’s order quashing the information is vacated.

Reversed.

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Bluebook (online)

283 N.W.2d 762, 91 Mich. App. 419, 1979 Mich. App. LEXIS 2265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rice-michctapp-1979.

Opinion

V. J. Brennan, P.J.

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