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Old 05-22-2013, 01:30 PM
 
7,150 posts, read 10,893,251 times
Reputation: 3806

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Quote:
Originally Posted by lvoc View Post
Again as has oft been pointed out a DA can indict a ham sandwich.

That of course in no way states that a law has actually been violated. See Nifong.

All you need do is show a statute that applies to the person to person transfer of a pill. You provide many words and no statutes. Because there aren't any?

I think you are cute too. In an immature sort of way. Brighter than the cop anyway. Though that is true of the ham sandwich - so don't let it go to your head.
Well thanks for the comparative compliment ... though I can't say the same about you.

Now, you have been given statutes that cover the issue ... and that's a wrap for your ham sandwich.
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Old 05-22-2013, 01:38 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,330,688 times
Reputation: 21891
Just wondering? Is your friend that gave the drug a Doctor? Does your friend know about the medical history of the "patient"? Maybe she is a Pharmacist and knows how some drugs interact with others. Then again I am guessing she would not be in the office working if she had those careers.
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Old 05-22-2013, 01:58 PM
 
Location: Ohio
15,700 posts, read 17,036,788 times
Reputation: 22091
Quote:
Originally Posted by thebunny View Post
She is worried that she gave the coworker a prescription drug and the coworker told her doctor this...is afraid she could get into trouble. Was not really aware that she could get into trouble until I commented that I could not believe she did it. So, now she is worried she can get in trouble. I said it is one pill and not a controlled substance in CA or via Federal Law....
Bottom line......no one can PROVE your friend gave her coworker a pill.

If the employer asks your friend about it.......she just needs to tell them she doesn't know what they are talking about, she never gave so and so a pill.

THE END

{And don't ever give a coworker a pill again, especially someone who names names and can't keep their mouth shut after someone does them a favor}

You guys are making a mountain out of a mole hill.
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Old 05-22-2013, 02:20 PM
 
12,973 posts, read 15,793,565 times
Reputation: 5478
Quote:
Originally Posted by Annie53 View Post
Bottom line......no one can PROVE your friend gave her coworker a pill.

If the employer asks your friend about it.......she just needs to tell them she doesn't know what they are talking about, she never gave so and so a pill.

THE END

{And don't ever give a coworker a pill again, especially someone who names names and can't keep their mouth shut after someone does them a favor}

You guys are making a mountain out of a mole hill.
Actually we are digging the hole to China.
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Old 05-22-2013, 10:41 PM
 
Location: On the water.
21,725 posts, read 16,327,107 times
Reputation: 19799
I share my controlled substances all the time. And I never been arrested for it. Yet.
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Old 05-23-2013, 08:36 PM
 
Location: California
4,400 posts, read 13,390,696 times
Reputation: 3162
Quote:
Originally Posted by nullgeo View Post
The link I provided in previous post contains a number of applicable statutes ... take your pick.
Yeah. If a prosecutor wants to charge you with practicing medicine without a license for providing a friend a pill, they will.

And yeah, tell me all about handing out non-prescription motion sickness pills at sea. (I live on a boat part of each year ... yeah my boat ... and have crossed oceans through typhoons.) Especially tell me if you are talking about off-shore where maritime law runs, not California state law.
What "we" were "working" was a broad discussion of possibilities ... that went beyond just the original set of circumstances. You engaged in broad generalizations when you denigrated the cop's experience. In courtroom parlance, that is referred to as "opening the door".

You have just manufactured a set of circumstances to try and worm your way back out of your hubris. I didn't describe giving a drunk a Snickers. I said " a friend" and nothing more. Regardless, no you wouldn't be liable for your drunk friend choking to death unless a jury determined that you somehow acted with careless or willful disregard for the friend's condition and could have foreseen the possibilities, etc etc etc ... which would require a hell of a lot more scenario "manufacturing" for the court than you just gave us to read here.

You don't know what you are talking about and you are obnoxiously aggressive in your errors.
With all due respect and appreciation for the people who came to this thread to answer my question, how in the world did we get from my idiot husband giving a pill to a coworker all the way to maritime law?
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Old 05-23-2013, 08:41 PM
 
Location: California
4,400 posts, read 13,390,696 times
Reputation: 3162
Quote:
Originally Posted by lvoc View Post
Again as has oft been pointed out a DA can indict a ham sandwich.

That of course in no way states that a law has actually been violated. See Nifong.

All you need do is show a statute that applies to the person to person transfer of a pill. You provide many words and no statutes. Because there aren't any?

I think you are cute too. In an immature sort of way. Brighter than the cop anyway. Though that is true of the ham sandwich - so don't let it go to your head.
LOL...thanks for the chuckle. And, I am with you (oh and so is the attorney I ended up consulting) as the drug is not scheduled, unless my husband sold it, there was no law broken. Something to do with prescription or not, there is no law against possession for either party, so as the end result of the action did not result in a crime, apparently there is nothing in the middle...(husband has a prescription so no law broken) possession is not a crime, so no law broken there...so as it was unscheduled and no CA statute makes the particular drug in question criminal in any way, it would require a lot of hunting to find a crime.
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Old 05-23-2013, 10:12 PM
 
7,150 posts, read 10,893,251 times
Reputation: 3806
Quote:
Originally Posted by thebunny View Post
With all due respect and appreciation for the people who came to this thread to answer my question, how in the world did we get from my idiot husband giving a pill to a coworker all the way to maritime law?
The poster I was responding to made reference to the common occurrence of ship / boat captains handing out medication for seasick sailors ... which act on the high seas is immune to state / federal laws ... there is such a thing as International Maritime Law, which covers a great variety of actions on the high seas. He brought it up ... I pointed out it isn't related. Simple.
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Old 05-23-2013, 10:24 PM
 
12,973 posts, read 15,793,565 times
Reputation: 5478
Quote:
Originally Posted by nullgeo View Post
The poster I was responding to made reference to the common occurrence of ship / boat captains handing out medication for seasick sailors ... which act on the high seas is immune to state / federal laws ... there is such a thing as International Maritime Law, which covers a great variety of actions on the high seas. He brought it up ... I pointed out it isn't related. Simple.
You can not even lose gracefully.

Any boat passing inside or near Catalina making the north to south passage is in California waters. They can dispense prescription drugs to those on board without violating CA law.

Get over it. You and the cop are simply hopelessly incorrect.
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Old 05-23-2013, 10:41 PM
 
Location: in a galaxy far far away
19,201 posts, read 16,675,444 times
Reputation: 33326
Quote:
Originally Posted by thebunny View Post
With all due respect and appreciation for the people who came to this thread to answer my question, how in the world did we get from my idiot husband giving a pill to a coworker all the way to maritime law?

Happens all the time thebunny.

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