THE STATE OF OHIO, Appellant,
v.
NUCKLOS, Appellee.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted March 11, 2008.
Decided March 4, 2009.
Attorney(s) appearing for the Case
Richard Cordray, Attorney General, William Marshall, Solicitor General, Elise Porter, Deputy Solicitor, and Daniel Fausey, Assistant Solicitor; and Stephen Schumaker, Clark County Prosecuting Attorney, for appellant.
Zukerman, Daiker & Lear Co., L.P.A., and Larry W. Zukerman; and Campbell Miller Zimmerman, P.C., and John P. Flannery II, for appellee.
Supreme Court of Ohio.
LUNDBERG STRATTON, J.
I. Introduction
{¶ 1} R.C. 2925.03(B)(1) provides that the criminal offense of trafficking in drugs under R.C. 2925.03(A) "does not apply" to a licensed health professional who complies with applicable statutory or regulatory requirements. In this appeal, we are asked to decide whether proving regulatory compliance is an affirmative defense to trafficking in drugs that the accused must establish, or whether...
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