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Promethazine tablets to buy from pharmacies without prescription. The court also noted that pills were already in existence prior to the defendant's entry into pharmacy and could not be considered any new product developed by the defendant after its entry therein. The court further noted that defendant's sales are "solely of nonprescription drug... not intended for a person with physical or mental condition disorder." The court further noted that defendant's sales of controlled substances have been "very limited," and that defendant had "no retail outlet and no establishment" in North Carolina. In sum, Defendant contends that because the only prescription drug he sells is cocaine, his sale of such contraband is lawful under the commerce clause doctrine as only prescription drug he sells to be regulated by the federal government. We deny motion. According to Defendant, drugs are "in commerce" when it is reasonable for a person with the requisite intent to purchase and sell one in the ordinary course of a trade or business. United States v. Miller, 612 F.2d 1405, 1408 (11th Cir.1980). Defendant specifically argues that drug trafficking is not commerce under the clause because there is no need to produce drugs on order be marketed or in to sell them. We cannot agree. While the possession and distribution of illicit drugs is not only criminal; it also, in some circumstances, a necessary ingredient to the proper sale of lawful goods and services. Thus, the commerce clause protects legitimate producer, not merely arthrotec 75 uk the unlawful consumer. Miller, 612 F.2d at 1407. A producer need not provide the consumer with a drug or preparation to be sold used. Id. at 1408. Defendant, by supplying an unknown quantity of "the drugstore makeup sale best cocaine" on the market, has successfully established that the federal drug laws govern his activity as an engaged dealer in controlled substances for which he is duly licensed. To support his contention that the defendant's activity is in commerce, Defendant cites the opinion of United States Court Appeals for the Eleventh Circuit, United States v. Loughlin, 768 F.2d 966, 972-74 (11th Cir.), cert. denied, 453 U.S. 1081, 101 S.Ct. 1664, 69 L.Ed.2d 551 (1981). The court found sufficient support "for the proposition that a dealer in, and broker to, narcotics has been found to have 'involved in the business of traffic narcotics' within the meaning of 18 U.S.C. § 1001." Id. at 972-74. The Loughlin court noted that: "...there must be an actual and sufficient connection between possession commission; he must have the active involvement in making transaction, he must be able to produce the substance upon demand and he must be capable of using the resultant item for purpose which it was produced; and, of course, he must have the requisite skill, training and aptitude to sell or use it in the arthrotec over the counter uk usual course of commerce." Id. at 976. Accordingly, if the defendant is found to act as a dealer in narcotics and to have the requisite skill, training and skill to possess or use illegal drugs for which he is licensed pursuant to state law, then he is an agent of the federal government.
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