Free Rush Redux! Or, Move Along, Nothing's Up Here….

Conservative crusader and drug law supporter Rush Limbaugh was momentarily back on their bad side--detained at the Palm Beach airport for apparent illegal prescription viagra while returning from the Dominican Republic. His lawyer explained (without apparently naming the embarassing "non-narcotic prescription drug" in question) that the prescription was legit, but in the doctor's name for "privacy purposes."

Jacob Sullum sums up Rush's last lucky break when it comes to violating our nation's sacred drug laws. That excuse probably wouldn't fly for the typical pain drug doc whose sad stories Jacob has often reported on. However, I'm perfectly happy to let it allow the erectile-challenged talk show host remain at large, and trust all citizens of good will shall do the same.

Comments

[Happy Jack]

I don't believe he's married, so I guess he would prefer a little privacy for a 4 hour erection.

By the way, what's the punishment for importing drugs?

[Brian]

One thing I liked about Rush was that he was always a barely closeted libertine. The whole social conservative bit was never too plausible with him. Booze, food, cigars, pills, 4 or 5 wives. I'd do the same if I had that kind of money. Alas, he seems on a slow fade, supplanted by reliable buttoned-down cardboard Bushbots like Hannity.

[Angainor]

One thing I liked about Rush was that he was always a barely closeted libertine.

Statements like that give libertarians a bad name.

[whit]

generally speaking, if the drugs are not clearly of "distribution quantity" there *is* no penalty.

customs usually confiscates them and issues a seizure letter.

they then put your name in a computer database and you get strict scrutiny on every border crossing

customs has "discretion" but they generally do not charge people for taking in legend C-II to C-V substances. they tend to be more lax on drugs that are actually legal in the country of origin fwiw. but foreign prescriptions are NOT valid in the US for US citizens - GENERALLY speaking, when those drugs are not prescribed for similar purposes in the usa.

with some exceptions

the tylenol with codeine thing is the perfect example. everybody in the pacific NW gets Tylenol III's in canada when they go there. nobody ever gets charged. ever

i am sure if somebody got caught with 20 bottles they might, but not 1

[type_name_here]

Does anyone else find it somewhat amusing when someone who is rich and famous is reminded of why it's not so great to be rich and famous?

[Windypundit]

How come they don't need probable cause to search you at the border? I always thought a U.S. citizen's rights were a protection against the U.S. government even outside the U.S.

Obviously, there have been some recent exceptions, such as the mess at Gitmo, but border searches of U.S. citizens are not a recent exception. What's up with that?

[whit]

good article here

http://www.findarticles.com/p/articles/mi_m2194/is_8_73/ai_n6232025/pg_12

and some case law:
United States v. Cardona, 769 F. 2d 625, 628 (9th Cir. 1985); United States v. Turner, 639 F. Supp. 982, 986 (E.D.N.Y. 1986).

United States v. Montoya de Hernandez, 473 U.S. 531, 538 (1985)("[T]he Fourth Amendment's balance of reasonableness is qualitatively different at the international border than in the interior" and "not only is the expectation of privacy less at the border than in the interior, the Fourth Amendment balance between the interests of the government and the privacy right of the individual is also struck much more favorably to the government at the border." Id. at 539-40 (citations omitted)).

[ispdrudge]

Of course, the Dominican Republic is known for its Sex Tourism resorts. Who wouldn't take a little "V" along to make sure the $3000 resort stay wouldn't be wasted?

[Supernatural Rabbit Scribe]

I'm eating breakfast! The last thing I needed you to bring up was Rush Limbaugh's limp noodle...

[the other Mark]

I wonder if Rush has any trouble taking himself seriously after all this hilarious legal shit he's had. I'm guessing no.

[thoreau]

If I promise to sell drugs to Limbaugh, will the FBI give me some combat boots and a digital camera?

[dagny]

I don't think he's really "getting away" with much of anything for being rich and famous. You'd do better just knowing a corrupt nurse.

[belle waring]

my step-mom went to the emergency room in terrible pain because our dog had accidentally scratched her on the eye while they were playing (I mean on the surface of her eye). the doc put some drops in and she said, jesus, that's amazing! the pain is completely gone! can I get a prescription for those drops? a: no, because it's cocaine. just like how when you rub your finger on the mirror and then your gums your mouth goes all numb! or so I hear.

[whit]

yes. pharmaceutical cocaine is primarily used topically in cases like this, as well as throat surgeries and the like

[NoStar]

The best drugs to combine are LSD and a birth control pill. You can take a trip without the kids.

Alan King circa 1966.

[Robert]

Actually possession of a prescription drug without a prescription, if the drug isn't made of a controlled substance, is not against federal law. What we have here is a case, not just of possession, but of importation without being registered as a drug importer. The sec'y of Health & Human Services can exempt such cases if satisfied that the article in question will not enter commerce, such as if it's for the personal use of the importer.

It is possible that Fla. has a law against possession of prescription drugs of any kind by unauthorized persons, but such state laws are not common AFAIK. I think there was some interest a few years ago in passing such laws specific to drugs for erectile dysfunction, but I don't know what became of them.

[whit]

some states do have laws against possession of prescription (but not controlled ) drugs w/o a scrip.

here in WA, it's a (almost never prosecuted) misdemeanor. simiarly, the possession of many CIII and CIV drugs w/o a scrip is only a misdemeanor under state law.

as i said, what rush did is clearly illegal. it is also, as i noted, almost never prosecuted. in some cases, customs takes the drugs, flags the offender, and that;'s it. in many other cases, customs doesn't even seize the drugs - assuming it looks to be for personal use - they just look the other way

like i said, despite the media apoplexy, rush is more likely to be treated more harshly, not less harshly because of his celebrity status

[kevrob]

Slate - those pinkos! - published fascimiles of Rush's deferred prosecution agreement with the Florida state's attorney's office.

Some lawyer (but not me) might want to figure out if he has "violated any law", and therefore broke the agreement.

[obligatory libertarian disclaimer]

Of course, the Florida law he was threatened with is typical statist nonsense

[/old]

Kevin