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Defining "Legitimate Medical Purpose"

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Defining "Legitimate Medical Purpose"
Case Law, a regular AJHP section, is intended to provide pharmacists with timely information about recent court decisions that may affect pharmacy practice. Each installment includes pertinent background information, excerpts from the opinion of the court, and brief commentary. The contributing editor for the section is David B.Brushwood, J.D., Professor, Pharmacy Health Care Administration, University of Florida, Box 100496, Health Science Center, Gainesville, FL 32610.

The U.S. Department of Justice (DOJ) does not have the authority to determine which health care activities constitute a "legitimate medical purpose" under federal Drug Enforcement Administration (DEA) regulations. The U.S. Court of Appeals for the Ninth Circuit has held in Oregon v. Ashcroft that this authority rests with state governments.

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