People v. Rice
People v. Rice
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.