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Return to Return to Non-CALJIC Defenses – Contents

F 4.008a

Good Faith Practice Of Medicine

(HS 11153 & HS 11154)

You may not convict the defendant of the charged offenses if you conclude that [he] [she] was practicing medicine in good faith when [he] [she] wrote the prescriptions.

Points and Authorities

HS 11153 and HS 11154 prohibit a physician from issuing a prescription for a controlled substance except for legitimate medical purposes.  Accordingly, it is a defense to these charges if the defendant was practicing medicine in good faith when he wrote the prescriptions.  (People v. Lonergan (90) 219 CA3d 82, 94 [267 CR 887].)

Failure to adequately instruct upon a defense or defense theory implicates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury, compulsory process and due process.  [See FORECITE PG VII(C).]

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