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United States v. Geborde

278 F.3d 926 (2002)

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United States v. Geborde

United States Court of Appeals for the Ninth Circuit
278 F.3d 926 (2002)

AR

Facts

Lindley Geborde (defendant) made a designer drug, gamma hydroxy butyrate (GHB), and gave it away to his friends. When a teenager overdosed, the government charged Geborde under the Food, Drug, and Cosmetic Act because GHB was not a controlled substance covered by federal illegal-drug laws. The government argued that Geborde could be charged under the act because the GHB he gave free to his friends qualified as a drug held for sale. After Geborde was convicted of violating the act, he appealed, arguing that products held for sale did not include homemade drugs given away for free in a wholly noncommercial setting.

Rule of Law

Issue

Holding and Reasoning (Silverman, J.)

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Casebooks

Food and Drug Law

Key Terms