United States v. Jeffrey H. Feingold

Under the Controlled Substances Act (CSA), it is unlawful for “any person” knowingly or intentionally to distribute or dispense a controlled substance. 21 U.S.C. § 841 (a). Although the CSA makes exceptions to this prohibition for certain individuals who are registered “practitioners” under the Act, such as physicians and pharmacists, see 21 U.S.C. §§ 821-23 , the Supreme Court has held that these practitioners are still subject to criminal prosecution “when their activities fall outside the usual course of professional practice.” United States v. Moore, 423 U.S. 122, 124 , 96 S.Ct. 335 , 46 L.Ed.2d 333 (1975); see also 21 C.F.R. § 1306.04 (providing that a practitioner “shall be subject to the penalties ... relating to controlled substances” unless the prescriptions he writes are “issued for a legitimate medical purpose ... [and he is] acting in the usual course of his professional practice”). Thus, a physician remains criminally liable when he ceases to distribute or dispense controlled substances as a medical professional, and acts instead as a “pusher.” Moore, 423 U.S. at 138, 143 , 96 S.Ct. 335 .

Dr. Jeffrey Feingold, a naturopathic physician licensed by the State of…