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WEBB V. UNITED STATES, 249 U. S. 96 (1919)

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U.S. Supreme Court

Webb v. United States, 249 U.S. 96 (1919)

Webb v. United States

No. 370

Argued January 1, 1919

Decided March 3, 1919

249 U.S. 96


The first sentence of § 2 of the Narcotic Drug Act of December 17, 1914, c. 1, 38 Stat. 785, prohibits retail sales of morphine by druggist to persons who have no physician's prescription, who have no order blank therefor, and who cannot obtain an order blank because not of the class to which such blanks are allowed to be issued under the act. P. 249 U. S. 99.

This construction does not make unconstitutional the prohibition of such sale. Id., United States v. Doremus, ante, 249 U. S. 86.

If a practicing and registered physician issues an order for morphine to an habitual user thereof, the order not being issued by him in the course of professional treatment in the attempted cure of the habit, but for the purpose of providing the user with morphine sufficient to keep him comfortable by maintaining his customary use, such order is not a physician's prescription under exception (b) of § 2 of the act. Id.

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Page 249 U. S. 97

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