News & Analysis as of

Controlled Substances Act Criminal Prosecution

Holland & Knight LLP

Supreme Court's Decision in Diaz Could Be a Boon for Criminal Healthcare Fraud Defendants

Holland & Knight LLP on

A defendant's mens rea, or intent, is almost always a contested element in a criminal prosecution, particularly in criminal healthcare fraud cases that frequently arise out of complex legal and regulatory regimes....more

Oberheiden P.C.

SARMs Enforcement and FDA Escalation

Oberheiden P.C. on

Always on the lookout for unapproved drugs and supplements being sold, the U.S. Food and Drug Administration (FDA) has ramped up its enforcement actions against selective androgen receptor modulators (SARMs), which are banned...more

Kaufman & Canoles

DEA Determines THC-O Illegal Under Federal Law

Kaufman & Canoles on

The 2018 Farm Bill, officially known as the Agriculture Improvement Act of 2018, is a comprehensive piece of legislation that governs agricultural and food policy in the United States. One of the key provisions of the 2018...more

Steptoe & Johnson PLLC

Supreme Court Rules in Favor of Physicians in Overprescribing Cases

The U.S. Supreme Court unanimously agreed that in prosecuting cases against physicians under the Controlled Substances Act (CSA), if the alleged physician demonstrates that his or her conduct is authorized per the CSA, the...more

Smith Gambrell Russell

SCOTUS: Prosecutors Must Prove “Subjective” Knowledge to Convict Doctors Under the Controlled Substances Act

On June 27, 2022, the United States Supreme Court clarified the “knowingly or intentionally” standard for criminal prosecutions against doctors accused of overprescribing addictive medications in violation of the Controlled...more

Oberheiden P.C.

U.S. Supreme Court Overturns Doctors’ Opioid Convictions in Ruan v. United States, Paving the Way for Additional Appeals

Oberheiden P.C. on

On June 27, 2022, the U.S. Supreme Court issued an important decision for doctors who have been convicted of violating the federal Controlled Substances Act in connection with the nation’s opioid crisis. In Ruan v. United...more

Epstein Becker & Green

Prayer on the 50-Yard Line Doesn’t Draw a Flag, Plus Two Criminal Cases: SCOTUS Today

Epstein Becker & Green on

Coming off the decisions in the landmark Dobbs and Bruen cases, the rest of the term might seem anticlimactic. Nevertheless, as the shelf is being cleared of the remaining cases, there are still rulings of significance to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ruan v. United States

On June 27, 2022, the U.S. Supreme Court decided Ruan v. United States, No. 20-1410, and Kahn v. United States, No. 21-5261, in a consolidated ruling. The Court held that when a criminal defendant is authorized to dispense...more

Butler Snow LLP

Criminal Liability of Pharmaceutical Executives Under the Controlled Substances Act

Butler Snow LLP on

Civil lawsuits are an unavoidable and expected consequence of operating in a heavily regulated industry. While CEOs and other pharmaceutical executives may lose sleep over the outcome of civil trials and the potential...more

McGlinchey Stafford

Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]

McGlinchey Stafford on

Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys...more

Mintz - Health Care Viewpoints

Health Care Enforcement Year-in-Review and 2020 Outlook: Criminal Case Developments

As discussed in our article recently published by Law360, criminal health care enforcement in 2019 was in many ways a continuation of 2018, with opioid-related enforcement continuing to be the clear top priority for the...more

WilmerHale

Insys Ruling Casts Doubt on DOJ Opioid Investigations

WilmerHale on

On May 2, 2019, a jury sitting in the District of Massachusetts convicted five senior executives of Insys Therapeutics, Inc. (Insys) with racketeering conspiracy in violation of Title 18, United States Code, Section 1962(d)....more

Dentons

Puffing Your Way Out of Admissibility

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A new year is just around the corner which means that some new laws approved by state legislatures in 2019 will take effect on January 1, 2020. One of the most controversial laws is the legalization of marijuana. Iowa...more

Troutman Pepper

DOJ Files Unprecedented Criminal Charges Against Opioid Distributor and Two Executives

Troutman Pepper on

On April 23, federal prosecutors announced the first-ever felony charges against a drug distributor — Rochester Drug Co-Operative, Inc. (RDC) — and two of its executives for illegally distributing opioid painkillers....more

Dorsey & Whitney LLP

DOJ Levels False Claims Act at Pharmacies to Combat Opioid Crisis

Dorsey & Whitney LLP on

This month the Department of Justice brought a “first of its kind” action against two pharmacies, their owner, and three pharmacists for allegedly dispensing and billing Medicare for prescriptions in violation of both the...more

Littler

Potential Immigration Consequences For Workers And Investors In The Canadian Cannabis Industry

Littler on

Canada legalized the recreational use of marijuana effective October 17, 2018. Although many American states have loosened their marijuana restrictions, including those on the U.S.-Canada border like Washington, Michigan, and...more

Patterson Belknap Webb & Tyler LLP

Court Clarifies Knowledge Standard Required for Analogue Act Conviction

In United States v. Demott, No. 13-3410 (2d Cir. Oct. 9, 2018) (Leval, Pooler, Wesley), the Second Circuit vacated two convictions under the Controlled Substance Analogue Enforcement Act of 1986 (the “Analogue Act”), 21...more

Womble Bond Dickinson

Cannabis Advertising

Womble Bond Dickinson on

On January 4th, Attorney General Jeff Sessions took a big step backward. He announced that the Department of Justice rescinded the " Cole Memo " and other internal enforcement guidelines, issued under the Obama Administration...more

Buchalter

Cannabis, Cash, and Crime

Buchalter on

ON OCTOBER 2, 2012, kidnappers robbed and abducted a marijuana dispensary owner from his Newport Beach home. They then drove him to the Mojave Desert where they tortured him and demanded that he reveal where he had buried his...more

Bowditch & Dewey

No THC with ABV: Commission Blocks Marijuana in Alcoholic Beverages

Bowditch & Dewey on

The Alcoholic Beverages Control Commission of Massachusetts (ABCC) recently issued an advisory regarding the use of marijuana in alcoholic beverages. Although the sale of marijuana for recreational use is slated to become...more

Mintz - Health Care Viewpoints

Federal Enforcement Actions Continue to Focus on Opioid-Related Misconduct

As we predicted in our year-end post on civil and criminal enforcement trends, 2018 is already off to strong start in opioid-related enforcement against individual providers and associated practices. Earlier this month, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Attorney General Jeff Sessions Reverses Course on Marijuana Enforcement

On January 4, 2018, Attorney General Jeff Sessions reversed the Department of Justice’s (DOJ) position on enforcement of federal marijuana laws. Under the Obama administration, the DOJ adopted a hands-off approach to...more

Stinson LLP

Attorney General Sessions' Rescission of DOJ Marijuana Guidance Signals Uncertainty for the Marijuana Industry

Stinson LLP on

On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded all of the prior Obama-era Department of Justice (DOJ) marijuana-related guidance, including the so-called “Cole Memo.” That guidance had provided...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

Holland & Knight LLP

DOJ Reverses Course on Marijuana Enforcement

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The U.S. Department of Justice released a memorandum on December 4th, directing all U.S. Attorneys to use their prosecutorial discretion to enforce the Controlled Substances Act (CSA) of 1970 with respect to the cultivation,...more

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