George P. Naum, III v. United States
Can the elements of 21 U.S.C. §841(a)(l) as defined in United States v. Moore, 423 U.S. 122 (1975) requiring the Government to prove unlawful distribution of a controlled substance "outside the usual course of professional practice " and "for other than a legitimate medical purpose " be applied in the disjunctive permitting the Government to prove only that a prescription was prescribed "outside the usual course of professional practice " or "outside the bounds of professional practice " solely for violation of a professional standard without regard to the medical legitimacy of the medication?
Can the elements of 21 U.S.C. §841(a)(1) as defined in United States v. Moore, 423 U.S. 122 (1975) requiring the Government to prove unlawful distribution of a controlled substance 'outside the usual course of professional practice' and 'for other than a legitimate medical purpose' be applied in the disjunctive permitting the Government to prove only that a prescription was prescribed 'outside the usual course of professional practice' or 'outside the bounds of professional practice' solely for violation of a professional standard without regard to the medical legitimacy of the medication?