Appeal from the Order of the State Board of Pharmacy, in case of State Board of Pharmacy v. Leonard S. Cohen, individually and t/a Senate Drug Store.
J. Thomas Menaker, with him McNees, Wallace & Nurick, for appellant.
Gerald Gornish, with him Walter W. Wilt, Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Rogers. Judge Manderino did not participate in the decision. Opinion by Judge Crumlish, Jr.
This is an appeal from an order of the State Board of Pharmacy which suspended Leonard S. Cohen's pharmacist's license for a period of one year and which revoked Cohen's pharmacy permit indefinitely. The Board charged Cohen with "grossly unprofessional conduct" in connection with sales of material used in drug trafficking. Cohen appealed the suspension and revocation to this Court on the grounds that the Board did not have any legal authority for its order. Argument was heard June 4, 1971 by a three-judge panel and then directed by the Court for en banc argument. We now affirm.
The State Board of Pharmacy, after hearing, adopted the following findings of fact and conclusions of law:
"1. That Respondent, Leonard S. Cohen, 321 Seneca Street, Harrisburg, Pennsylvania, is the holder of
Registered Pharmacist's License No. 17730, issued January 28, 1937.
"2. That Respondent, Leonard S. Cohen, t/a Senate Drug Store, Third and Boas Streets, Harrisburg, Pennsylvania, is the holder of Pharmacy Permit No. 286.
"3. On August 12, 1970, Leonard S. Cohen, individually and t/a Senate Drug Store, Third and Boas Streets, Harrisburg, Pennsylvania, (hereinafter referred to as Respondent) sold 65000 Lilly #5 Gelatin caps, 2 one-pound cans of Lactose and 1 five-oz. bottle of Quinine Hydrochloride to James Ottis Hicks, 2918 Oakford Avenue, Baltimore, Maryland and James Clarence Blunt, 4618 Pall Mall Road, Baltimore, Maryland.
"4. As a result of the sale made to James Clarence Blunt and James Ottis Hicks, as set forth in paragraph 3, both suspects were arrested and convicted in the State of Maryland for possession of controlled paraphernalia.
"5. Between January 31, 1969 and August 11, 1970, Respondent purchased 1,646,000 Gelatin #5 capsules from M. Brenner Wholesale Drug Co., 7th and Division Streets, Harrisburg, Pennsylvania.
"6. From March 20, 1969 to August 21, 1970 Respondent purchased approximately 98 lbs. of Lactose from M. Brenner Wholesale Drug Co.
"7. Between February 9, 1970 and August 10, 1970, Respondent purchased approximately 9 3/4 lbs. of Quinine Hydrochloride.
"8. That there is very little, if any, legitimate need for a druggist to stock large quantities of #5 Gelatin capsules since prescriptions are, for the most part, prepackaged.
"9. There is very little, if any legitimate need for a druggist to stock large quantities of Lactose ...