Also known as: drugs · drugged · drugging · controlled substance · narcotic
Written by attorneys · grounded in primary & secondary sources — see below
A substance intended for use in the diagnosis, cure, treatment, or prevention of disease. A natural or synthetic substance that alters perception or consciousness may also qualify depending on context.
Select any source to read its text and confirm it supports the definition.
Doris Duffy participated in a Native American Church ceremony that involved peyote. Her employer terminated her for violating its drug policy. The state denied unemployment benefits because the prohibition applied to all employees regardless of religious motivation.
Darius Dixon consumed several doses of prescription medication before the ceremony. He signed the marriage license and exchanged vows with Deborah Dunn. The court later found the marriage void because Darius lacked capacity to understand the act at the time of the ceremony.
Derek Douglas slipped a sedative into Deanna Davenport's drink during a social gathering. He then engaged in sexual intercourse with her while she was unable to appraise or control her conduct. The prosecution charged him with rape under the impairment provision.
Davenport Pharmaceuticals manufactured a prescription antibiotic and warned prescribing physicians of its known risks. Dr. Devon Drake received the warning but prescribed the drug to Doris Duffy without discussing the side effects. The court held the manufacturer not liable for failure to warn the patient directly.
Dover Bank employee Deborah Dunn suffered an adverse reaction to a prescription antidepressant. The manufacturer had provided detailed risk information to physicians but not to patients. The Florida Supreme Court ruled that the duty to warn ran only to the prescribing physician.
A state judge was found to have used illegal drugs and associated with known dealers. The conduct occurred outside the courtroom and did not affect any pending cases. The judicial conduct commission recommended removal because the behavior brought the office into disrepute.
No. A state may enforce a neutral, generally applicable criminal prohibition against peyote use even when the drug is ingested during a religious ceremony. The Free Exercise Clause does not compel a religious exemption from such laws.
Yes. A party who is under the influence of drugs or alcohol at the moment of the ceremony may lack the mental capacity required to consent to marriage. Courts assess capacity based on the party's understanding at the exact time the vows are exchanged.
…counsel; and in like manner I will not give to a woman a pessary to produce abortion,"[^maj-14] or "I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect. Similarly, I will not give to a woman an abortive remedy."[^maj-15] Although the Oath is not mentioned in any of…
…a licensed physician, were convicted as accessories for violating a Connecticut statute which makes it a crime to use any drug, medicinal article or instrument for the purpose of preventing conception. They were charged with giving information, instruction, and medical advice to married persons as to the means of…
…by Mr. Justice McReynolds. [^maj-9]: Lochner v. New York , 198 U. S. 45 (1905). See North Dakota Pharmacy Bd. v. Snyder's Drug Stores, Inc. , 414 U. S. 156, 164-167 (1973); Griswold v. Connecticut , 381 U. S. 479, 514-527 (1965) (Black, J., dissenting); Ferguson v. Skrupa , 372 U. S. 726 (1963); Baldwin v.…
…of the 1934 Act's requirements. See, e. g., Ernst & Ernst v. Hochfelder, 425 U. S. 185, 196 (1976); Blue Chip Stamps v. Manor Drug Stores, 421 U. S. 723, 730 (1975). The Court previously has addressed various positive and common-law requirements for a violation of § 10(b) or of Rule 10b-5. See, e. g., Santa Fe…
…remedy for unlawful official conduct; in a sense we are in a situation akin to the narcotic
A male commits rape if he substantially impairs a female's ability to appraise or control her conduct by administering drugs without her knowledge for the purpose of preventing resistance. The offense is a felony of the second degree unless aggravating factors elevate it to first degree.
No. Under the learned intermediary doctrine the manufacturer's duty to warn runs to the prescribing physician. Adequate warnings to the physician satisfy the duty because the physician exercises independent medical judgment in deciding whether to prescribe the drug to a particular patient.
Yes. Voluntary use of illegal drugs by a judge, even when unrelated to official duties, constitutes conduct that brings the judicial office into disrepute and violates canons requiring judges to uphold the integrity of the judiciary.