''Linder v. United States'', 268 U.S. 5 (1925), is a

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

case involving the applicability of the Harrison Act. The Harrison Act was originally a taxing measure on drugs such as

morphine Morphine is a strong opiate that is found naturally in opium, a dark brown resin in poppies (''Papaver somniferum''). It is mainly used as a analgesic, pain medication, and is also commonly used recreational drug, recreationally, or to make ...

and

cocaine Cocaine (from , from , ultimately from Quechuan languages, Quechua: ''kúka'') is a central nervous system (CNS) stimulant mainly recreational drug use, used recreationally for its euphoria, euphoric effects. It is primarily obtained from t ...

, but it later effectively became a prohibition on such drugs. However, the Act had a provision exempting doctors prescribing the drugs. Dr. Charles O. Linder of

Spokane, Washington Spokane ( ) is the largest city and county seat of Spokane County, Washington, United States. It is in eastern Washington, along the Spokane River, adjacent to the Selkirk Mountains, and west of the Rocky Mountain foothills, south of the Canada ...

prescribed the drugs to

addicts Addiction is a neuropsychological disorder characterized by a persistent and intense urge to engage in certain behaviors, one of which is the usage of a drug, despite substantial harm and other negative consequences. Repetitive drug use oft ...

, which the federal government said was not a legitimate medical practice. He was prosecuted and convicted. Linder appealed, and the

unanimously overturned his conviction, holding that the federal government overstepped its power to regulate

medicine Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care pract ...

. The opinion of the court was written by Justice James Clark McReynolds and states, "Obviously, direct control of medical practice in the states is beyond the power of the federal government.".

Current implication

With the passage of myriad later laws, including the Controlled Substance Act which gives no exemption whatsoever to Schedule I drugs, and the end of Lochner era, the holding of ''Linder'' has now been mostly vitiated. However, the rationale of the case was later used to stop the Department of Justice from interfering with

Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...

assisted suicide Assisted suicide is suicide undertaken with the aid of another person. The term usually refers to physician-assisted suicide (PAS), which is suicide that is assisted by a physician or other healthcare provider. Once it is determined that the p ...

laws in the case ''

Gonzales v. Oregon ''Gonzales v. Oregon'', 546 U.S. 243 (2006), was a landmark decision of the US Supreme Court which ruled that the United States Attorney General cannot enforce the federal Controlled Substances Act against physicians who prescribed drugs, in com ...

'', and the concurring opinion in '' Ruan v. United States'' noted that ''Linder'' has never been overturned and would apply the rule to that case.

References

External links

* * United States Supreme Court cases United States Supreme Court cases of the Taft Court United States controlled substances case law 1925 in United States case law History of Spokane, Washington {{Drug use

Current implication

See also

References

External links