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Opioid Controlled Substances

Troutman Pepper

Reassessing Oregon’s Drug Policy: A Shift Toward Recriminalization

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In the grand experiment of American democracy, it is often said that states serve as laboratories, testing policies that challenge the status quo without risking the stability of the whole. Oregon, known in recent years for...more

Cozen O'Connor

CVS Settles with Alaska AG for $10 Million over Opioid Allegations

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Alaska AG Treg Taylor has reached a settlement with CVS Pharmacy, Inc. to resolve allegations that the company violated Alaska’s Unfair Trade Practices and Consumer Protection Act by allegedly dispensing opioid-containing...more

Console and Associates, P.C.

Parents Bring Kratom Lawsuits Following Overdose Deaths and Other Serious Injuries

Kratom, a natural substance derived from the leaves of the Mitragyna speciosa tree, has recently gained notoriety for its potential dangers. While proponents cite its therapeutic benefits, concerns have surged about its...more

Bass, Berry & Sims PLC

DEA Reaches $19 Million Administrative Settlement for Controlled Substances Act Violations

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On February 7, the U.S. Drug Enforcement Administration (DEA) announced that it has entered into a settlement requiring opioid distributor Morris & Dickson Co. to forfeit $19 million to resolve a years-long administrative...more

Napoli Shkolnik

The Opioid Crisis and Pharma Accountability: The Road So Far

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In 2020, over 142 million prescriptions for opioid medications were filled in the U.S. That same year, 16,416 people died from overdoses on prescription opioids—a 376% increase from 1999....more

Goldberg Segalla

How Much Is Too Much? Drinking, Drugs, and Trucking

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“But I only had two beers.” “But it’s legal in this state.” “But my doctor prescribed it.” No. No. And maybe not. Those excuses don’t cut it when it comes to a truck driver failing a federally prescribed test for drugs or...more

Quarles & Brady LLP

It's (Apparently) Never Too Late: DEA’s Revocation of Morris & Dickson’s Registrations

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On May 26, 2023, the Drug Enforcement Administration (DEA) published a final decision and order (the “Final Order”) affirming an Administrative Law Judge's (ALJ) August 29, 2019 recommendation (the “ALJ Order”) to revoke DEA...more

Foley & Lardner LLP

2023 Telemedicine & Digital Health Trends

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Medicare telehealth post-Public Health Emergency (PHE): With the COVID-19 PHE concluding on May 11, 2023, many of the telehealth flexibilities the Centers for Medicare & Medicaid Services (CMS) implemented during the PHE will...more

Foley & Lardner LLP

DEA’s Proposed Rules on Telemedicine Controlled Substances Prescribing after the PHE Ends

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On February 24, 2023, the Drug Enforcement Agency announced proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency expires. The proposed rules are open for public...more

American Conference Institute (ACI)

[Event] 6th Annual Summit on Controlled Substances – Regulation, Litigation, and Enforcement - March 14th - 15th, Washington, DC

Join American Conference Institute at the 6th Annual Summit on Controlled Substances – Regulation, Litigation, and Enforcement on March 14-15, 2023, in Washington. Hear from leading stakeholders, discuss your most pressing...more

Morgan Lewis - Health Law Scan

X Waiver Extinguished What OUD Treatment Providers Need to Know

The Consolidated Appropriations Act of 2023 (CAA), the massive $1.7 billion spending bill signed into law on December 29, 2022, had a number of important healthcare “gems” included. A critical provision for substance use...more

McDermott Will & Emery

DEA Supports Elimination of X-Waiver Requirement for Prescribing of Buprenorphine

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On January 12, 2023, the US Drug Enforcement Administration (DEA) released a letter to registrants announcing DEA’s support of Congress’s recent removal of the requirement that healthcare providers possess a DATA-Waiver,...more

Quarles & Brady LLP

DEA’s “X” Waiver Eliminated by Congress

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On December 29, 2022, the Consolidated Appropriations Act of 2023 (Public Law No. 117-328) (the “Legislation”) was signed into law, which, under Section 1262 of the Legislation, contains the Mainstreaming Addiction Treatment...more

Manatt, Phelps & Phillips, LLP

The Fight to End the Nation’s Overdose Epidemic and Restore Compassionate Care

In 2021, drug-related overdose deaths topped 107,000. Despite a nearly 50% decrease in opioid prescribing over the past decade, drug overdose mortality continues to trend in the wrong direction. In the face of these...more

Patrick Malone & Associates P.C. | DC Injury...

Nation’s biggest drug stores seek to settle opioid suits for $10 billion

While critics keep throwing up a false narrative about “ambulance chasing,” self-enriching lawyers, their labors and the civil legal system have proven yet again their effectiveness in wringing financial justice for those...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

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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

Quarles & Brady LLP

High Court Rules “State of Mind” Relevant in Prosecuting Prescribers under the Controlled Substance Act

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Last week the Supreme Court ("the Court") released a decision holding that the Federal Controlled Substance Act (the "Act") provision that criminalizes the dispensing of a controlled substance “except as authorized” includes...more

Husch Blackwell LLP

Supreme Court Reaffirms Mens Rea Requirement in Controlled Substance Health Care Fraud Cases and Government Burden to Prove...

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On June 27, 2022, the United States Supreme Court, by a vote of 9-0, overturned the lower circuit courts’ rulings affirming the convictions of two physicians of the unlawful distribution of controlled substances. In Ruan v....more

American Conference Institute (ACI)

[Event] Controlled Substances – Regulation, Litigation, and Enforcement - July 12th - 13th, Washington, DC

The only conference that presents strategies and solutions for every link of the controlled substances supply chain. Attend and learn how to best conform business practices to meet industry and regulatory demands, bolster...more

Cozen O'Connor

AG Moody Bans Eight Synthetic Opioids In Florida

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On April 26, Florida AG Ashley Moody issued an emergency rule adding eight synthetic opioids to Florida’s Schedule I of controlled substances. The drugs, which are categorized as nitazenes, are available on the dark web and...more

Nossaman LLP

CDC Updates Guidance on Opioid Prescriptions

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In a shift from prior policy, the Centers for Disease Control and Prevention (CDC) proposed on February 22, 2022, new guidelines for prescribing opioid painkillers. The new guidance largely avoids figures on dosage strength...more

McGuireWoods LLP

Pain Management or Pill Mill? Supreme Court to Weigh in on Standards for Prosecutions of Practitioners Prescribing Narcotics

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Introduction - Next week, the Supreme Court will hear oral argument in a pair of cases that may reshape the landscape of legitimate prescribing under the Controlled Substances Act (“CSA” or “the Act”). In companion cases...more

Farrell Fritz, P.C.

Supreme Court To Hear Argument Addressing Doctors’ Good Faith Defense To Pill Mill Prosecutions

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The Supreme Court will hear argument next week in two consolidated cases that will decide what standard applies when a doctor asserts a good faith defense to a criminal prosecution for unlawful drug distribution. ...more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report – Legislative Day 16 2022

The House and Senate largely avoided each other on Valentine’s Day, with the Senate quickly gaveling in and taking care of business this morning before the House rolled in for an afternoon convening. It’s unclear whether the...more

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