NCJ Number
89609
Date Published
1983
Length
8 pages
Annotation
The Justice Department supports pharmacy robbery legislation like H.R. 1255, but that support is subject to the qualification that the bill be amended to clarify the limited nature of the Federal role with respect to registrant robberies.
Abstract
Federal intervention in certain pharmacy robberies, as proposed in H.R. 1255, is appropriate because of the Federal Government's pervasive role in the regulation of controlled substances and the broad scope of Federal criminal statutes pertaining to controlled substances; however, Federal prosecution of robberies of controlled substance registrants should be used only in exceptional cases, particularly those involving interstate or organized operations. Most pharmacy robberies are indistinguishable from robberies of liquor stores, convenience food outlets, or service stations, so State and local authorities are in a better position to pursue pharmacy robbery cases. Limitations on Federal prosecution of registrant robbery cases might specify that it be commenced only upon the request of State or local authorities. Also, with respect to the specific provisions of some of the bills before the subcommittee, the penalty grading structure should conform to other laws, like the bank robbery statute, which indicates that not more than 20 years is allowable for the basic offense. Finally, the bill should cover directly the taking of 'controlled substances' from a pharmacy rather than 'property.'