When a licensed physician writes a prescription for a controlled substance that is not medically necessary, does that conduct constitute 'dispensing,' 'distributing,' or both under the Controlled Substance Act?

QUESTION PRESENTED Dr. Gazelle Craig was a licensed physician working at a pain clinic with clinic manager and co-Defendant Shane Faithful. Both were convicted of conspiracy to distribute and distribution of controlled substances based on patients filling prescriptions that Dr. Craig wrote that were allegedly not medically necessary, and therefore, unlawful. The Controlled Substance Act defines dispensing and distributing controlled substances as mutually exclusive acts, with “dispensing” involving a prescription and “distributing” involving delivery other than by dispensing. The question presented is: When Dr. Craig wrote a prescription for a controlled substance that was not medically necessary, did her conduct constitute “dispensing,” “distributing,” or both under the Controlled Substance Act?