Perzik

Subdivision (a) of Health and Safety Code 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 to practice in this state. In the summer of 1990 two undercover police officers—one male, one female —came to petitioner’s office posing as patients asking for anabolic steroids. The woman told petitioner that she had previously taken steroids and wanted to resume their use to enhance her physical appearance and a body-building regimen. The man told petitioner that he wanted steroids for body-building and weight tiffing. Petitioner made four sales of steroid tablets to the officers. Petitioner kept no record of these transactions.

These events led to petitioner being charged with four violations of…