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(Pen. Code, section 182, subd. 1; Health & Saf. Code, section 1707.1).
Defendants contend the right of privacy is protected by the federal and California Constitutions and includes a right to obtain laetrile or, more generally, a right of access to drugs not recognized by the government as effective. Fundamental rights may be regulated only to the extent necessary to achieve a compelling state interest. Defendants argue the purported right to obtain laetrile is fundamental and therefore the regulation challenged here must be reviewed under the compelling state interest standard.
The Court held the asserted right to obtain drugs of unproven efficacy is not encompassed by the right of privacy embodied in either the federal or the state Constitutions...
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