Schafer v. Shopko Stores, Inc.

Summary

The Supreme Court of South Dakota affirmed summary judgment for Shopko Stores, holding that a pharmacy that dispenses a validly prescribed Schedule II drug to the patient's authorized agent is not liable under South Dakota's Drug Dealer Liability Act for the agent's consumption of the drug. The court harmonized the statutory provisions governing pharmacists, prescriptions, agents, and ultimate users and concluded that imposing liability for the lawful dispensing would produce an absurd result.

Holdings

1. A pharmacist that validly dispenses a prescribed Schedule II drug to the patient's authorized agent does not participate in the illegal drug market within the meaning of the Drug Dealer Liability Act merely because the drug is delivered to the agent rather than directly to the ultimate user.
2. Summary judgment in favor of Shopko was proper because the undisputed facts showed that Shopko acted pursuant to a valid prescription order and its conduct did not fall within the Drug Dealer Liability Act.

Questions Presented

1. Whether a pharmacy that dispenses a validly prescribed Schedule II controlled substance to the patient's authorized agent may be held liable under the South Dakota Drug Dealer Liability Act for the agent's consumption of the drug.
2. Whether summary judgment was proper where Shopko had filled and delivered the prescriptions pursuant to a valid prescription order.

Disposition

affirmed