Legal Question in Criminal Law in Montana

Prescription drugs

Had a minor child visiting relatives out of state. Child has asthma. Uncle he is visiting is a nurse. Uncle thinks child uses ''fast acting inhaler'' to much. Contacts parent to ask if allowed to try a new medication, parent says ''no''. Uncle gives medication to minor child anyways,actually has child on medication for two weeks while child is out of state. Medication used is a sample. Is this illegal?


Asked on 5/15/01, 8:57 pm

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Prescription drugs

You didn't say if it occured in Virginia. If it did, unless it is an over the counter medication, clearly yes.

Even if it is an over the counter medicine, it may still be since the child is a minor if he is not the legal custodian.

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Answered on 6/23/01, 7:00 pm


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