Also known as: dangerous drugs
Written by attorneys · grounded in primary & secondary sources — see below
A drug that has potential for abuse or injury, usu. requiring a label warning that it cannot be dispensed without a prescription.
Dominic Drake received prescriptions for high-dose pain medication from his physician. The state health department required clinics to report his name and address into a centralized database with access limited to designated officials and logged queries. Drake challenged the collection as an invasion of privacy. The court upheld the program because reasonable safeguards protected the information about patients using dangerous drugs.
Derek Douglas tried out for the high school football team. The district policy required testing for substances including amphetamines and marijuana that pose substantial physical risks during exercise. Douglas refused the test and was barred from play. The court sustained the policy because the dangers of these drugs justified the testing program for student athletes.
Select any source to read its text and confirm it supports the definition.
Dustin Donovan and his associates were charged under RICO with a pattern of racketeering that included repeated dealings in dangerous drugs. The indictment listed multiple state-law felonies involving distribution of controlled substances. Donovan moved to dismiss the civil RICO claims. The court held that dealing in dangerous drugs qualified as racketeering activity supporting the enterprise allegations.
Daniel Diaz and three passengers were stopped in a car containing hidden packages of a dangerous drug. The quantity was large enough that occupants would almost certainly know of its presence. Prosecutors relied on a statutory presumption that all occupants knowingly possessed the substance. The court permitted the presumption because the facts made it rational to infer collective awareness of the dangerous drug.
Diana Delgado and other members of a Native American church ingested peyote during a religious ceremony. State officials denied unemployment benefits after the ingestion because peyote is classified as a dangerous drug. Delgado claimed the denial violated free exercise rights. The court held that the state could enforce its dangerous-drug laws without creating a religious exemption.
Diane Dawson grew marijuana plants on her property for personal medical use. Federal agents seized the crop under the Controlled Substances Act treating marijuana as a dangerous drug. Dawson argued the activity was local and noncommercial. The court upheld federal authority because regulation of dangerous drugs falls within Congress commerce power even for intrastate cultivation.
A drug qualifies as dangerous when it carries potential for abuse or injury. The classification usually triggers a prescription requirement and warning labels. Courts and regulators apply this label to substances like certain pain medications and controlled substances that require oversight.
Supporting sources
No. The Constitution permits states to collect and computerize names and addresses of patients prescribed dangerous drugs when reasonable safeguards are in place. Limited access and audit logs prevent impermissible invasions of privacy.
Supporting sources
The high-risk character of a dangerous drug heightens the standard of care. A nurse or physician must discover readily available information such as contraindications listed in patient charts before administration. Failure to investigate smudged labels or electronic records can support a finding of negligence.
Supporting sources
…that these States, and the Federal Government, all find their (presumably compelling) interests in controlling the use of dangerous drugs compatible with an exemption for religious use of peyote. Cf. Boos v. Barry , 485 U. S. 312, 329 (1988) (finding that an ordinance restricting picketing near a foreign embassy was not…