Rush Not Up for Viagra Charge

Radio rabble-rouser won't face criminal charges for not having prescription to Viagra found in his luggage at airport; doctor cites "privacy purposes"

By Gina Serpe Jul 05, 2006 7:50 PMTags

Rush Limbaugh won't be singing the jailhouse blues for his stash of Viagra.

Prosecutors in Florida say the right-wing radio blabber won't face any criminal charges after airport authorities found a bottle of mislabeled Viagra in his luggage last week.

The conservative radio blabber was detained at Palm Beach International Airport for more than three hours June 26 after airport officials found a bottle of the erectile dysfunction medication in Limbaugh's belongings prescribed to someone other than the host.

The case was immediately sent to the state attorney for review, since Limbaugh is on probation for prescription fraud.

But, according to a filing by the state attorney, the medicine had been prescribed by Limbaugh's doctor to a third party, Dr. Steve Strumwasser, the radio host's psychiatrist. At the time of his detainment, Limbaugh claimed the pills had been prescribed to him but were labeled otherwise for "privacy purposes."

Strumwasser corroborated Limbaugh's story, telling authorities he had "agreed to have his name on the label in an effort to avoid potentially embarrassing publicity for the suspect."

Mission, um, accomplished.

As it is, prescribing medications to a third party, while unusual, is not illegal under Florida law so long as the transaction is properly documented.

Prosecutors say Limbaugh's prescription label switcheroo had all been done according to the law and as such would not face charges in Palm Beach County.

But the radio personality isn't in the clear yet.

The doctor who originally prescribed the Viagra practices in another Florida county, Miami-Dade County, and as such the case has been sent to prosecutors in that jurisdiction.

The case is also being reviewed by the state's department of professional regulation as well as the department of health to gauge whether or not Limbaugh's physician breached ethics in his third-party distribution.

His Viagra jones aside, Limbaugh's well stocked medicine cabinet has caused him plenty of public headaches.

The 55-year-old was arrested for prescription fraud in Palm Beach last April on charges of alleged "doctor-shopping," having concealed information from several doctors to obtain multiple painkiller prescriptions.

In 2003, Florida authorities seized the professional chatterbox's medical records, which revealed that Limbaugh had purchased roughly 2,000 pills prescribed by four different doctors in a six-month period.

Limbaugh in turn agreed to a plea deal to resolve those earlier charges that includes 18 months of probation and counseling.

Should Miami-Dade County prosecutors decide to move forward with charges on Limbaugh, it could constitute a second-degree misdemeanor and could land Limbaugh behind bars.