[DOWNLOAD] "State Idaho v. Roscoe A. Kellogg" by Supreme Court Of Idaho # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Roscoe A. Kellogg
- Author : Supreme Court Of Idaho
- Release Date : January 30, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendant-respondent Roscoe A. Kellogg was charged with the offense of selling a prescription drug, prednisolone, without legal authority to do so, in violation of I.C. Γ§ 37-2210. On defendants motion, the district court dismissed the information, holding that the statutory procedure by which a drug is classified as a prescription drug constitutes an unconstitutional delegation of legislative authority in violation of Idaho Constitution Art. 2, Γ§ 1, and Art. 3, Γ§ 1. The state appeals, arguing that there is no improper delegation. Defendant raises two additional issues on cross-appeal. Defendant contends that the state has failed to show that prednisolone is a prescription drug, and that because he is a naturopathic physician, he is entitled to dispense prescription drugs under the terms of the statute. We reverse and remand.