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Name: People v. Kennedy
Case #: A091491
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 08/02/2001
Subsequent History: None

Appellant contended that Business and Professions Code section 4060, prohibiting possession of Valium without a prescription as a misdemeanor, was limited to a prohibition against misconduct by pharmacists. He also argued that statute conflicted with other provisions of the Health and Safety Code. The court rejected both contentions, concluding no one may possess Valium without a prescription and harmonizing the challenged statutes.