In 2001, new Attorney General of United States, John Ashcroft, made a decision.
He reversed previous AG Janet Reno’s ruling regarding D.E.A. prosecutions of physicians around “assisted suicide” and the Controlled Substances Act.
AG Reno had ruled that the D.E.A. was not mandated to prosecute any doctor who acted in full compliance with the Oregon Act.
He wanted them prosecuted. He charged the use of controlled substances for assisted suicide was not an “appropriate medical use” — therefore the doctors using the controlled substances as such warranted prosecution.
Oregon State filed a complaint for injuctory relief along with a motion for a temporary restraining order to enjoin Ashcroft from his directive having any legal weight.
Chaos ensued and Oregon ultimately won the battle. Ashcroft appealed the decision and lost.
The appellate court decision is interesting.
It contains… pertinent information, a reaffirmation or reminder of THE RULES and codes of how the D.E.A. is supposed to operate.
Something I believe has been lost the last twenty years.
Important TIDBITS to Ponder…
From the decision: (CSA= Controlled Substances Act)
- An agency does not acquire special authority to interpret its own words when, instead of using its expertise and experience to formulate a regulation, it has elected merely to paraphrase the statutory language.
- A rule must be promulgated pursuant to authority Congress has delegated to the official. The specific respects in which the Attorney General is authorized to make rules under the CSA show that
* He [Attorney General] is not authorized to make a rule declaring illegitimate a medical standard for patient care and treatment specifically authorized under state law.
- Congress delegated to the Attorney General only the authority to promulgate rules relating to “registration” and “control” of the dispensing of controlled substances, 21 U. S. C. A. §821, and “for the efficient execution of his [statutory] functions,” 21 U. S. C. §871(b).
- It would be anomalous for Congress to have painstakingly described the Attorney General’s limited authority to deregister a single physician or schedule a single drug, but to have given him, just by implication, authority to declare an entire class of activity outside the course of professional practice and therefore a criminal violation of the CSA.
*To say that he [AG] can define the substantive standards of medical practice as part of his authority would also put 21 U. S. C. §871(b) in considerable tension
with the narrowly defined control and registration delegation. It would go, moreover, against the plain language of the text to treat a delegation for the “execution” of his functions as a further delegation to define other functions well beyond the Act’s specific grants of authority.
*The idea that Congress gave him [AG] such broad and unusual authority through an implicit delegation is not sustainable.
- Beyond this, the Act manifests no intent to regulate the practice of medicine generally, which is understandable given federalism’s structure and limitations. The CSA’s structure and operation presume and rely upon a functioning medical profession regulated under the States’ police powers.
As we can see by the above cited quotes from the appellate court decision, the game was exposed.
Apparently the D.E.A., courts, state governments, Congress, physicians and all their lawyers have forgotten this education delivered in 2006 to AG Ashcroft.
Not a single point
in this is being adhered to in today’s Opioid Hysteria.
Today’s D.E.A. arrests doctors based on Morphine Milligram Equivalencies
— a flawed, dubious pseudoscience that is being promulgated by an agency that isn’t even charged with prescription drug policy for the United States.
A rigged system that never is reigned in.
How much more messed up can it get? How much more dubious?
How much more fatally flawed?
Yet, it is steamrolling ahead with no stopping in sight.
It has been shown to be, in fact,
The FDA has never officially approved and implemented the guidelines the D.E.A. is using for their mass arrests of physicians across the country.
No one has done a thing.
When will anyone stop this madness?
Will anyone ever stop this madness?
Or… are they all paid off? Is everyone in Congress incapable of seeing the reality before their eyes?
The data laid out in black and white before them?
The science is not on their side. The data is not on their side.
all paid for with our tax dollars.
Using agencies that we fund, all concocted by stakeholders interested in only their bottom line, not helping America.
The tax money goes out to the stakeholders, the stakeholders tell the politicians how they want them to craft the laws, the politicians lie to the people, wash, rinse, repeat.
Hence, this is why nothing ever seems to change and why Congress always seems to stay the same regardless of which “party” in in charge.
They are all in the same game.
Their ultimate goal is a drug free, utopian society.
They are studying us to get to that society.
We can be fatalistic… or we can fight.
I choose to fight.
The only free society is an informed society.
Ms. Wargo is a member in good standing of the Society of Professional Journalists.