People v. Privitera
California Supreme Court
591 P.2d 919 (1979)
- Written by Elliot Stern, JD
Facts
Dr. James Privitera (defendant) prescribed a drug, laetrile, for the treatment of cancer and referred his patients to others who would supply laetrile to them for cancer treatment. Laetrile was not approved for the treatment of cancer by the relevant government agencies. The commissioner of the Food and Drug Administration stated that the use of laetrile in the US was a health problem because cancer patients had been using laetrile to treat their cancer instead of using effective therapy. Privitera and others were indicted and convicted by a jury for conspiracy to sell and prescribe an unapproved drug for cancer treatment. Privitera appealed, arguing that the statute under which he had been convicted was unconstitutional because the Constitution’s right to privacy included the right to access drugs not approved by the government.
Rule of Law
Issue
Holding and Reasoning (Clark, J.)
Dissent (Newman, J.)
Dissent (Bird, C.J.)
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