I have recently seen a lot of discussion about states that are considering or others that have pass STATE LAW that is suppose to help chronic pain pts get better/adequate pain management. Encourage prescribers to be more liberal in prescribing opiates and other controlled meds that are needed by pts that are medically dealing with subjective diseases ( pain, anxiety, depression, ADD/ADHD, mental health issues ).
I am not aware of the authority of any state to establish boundaries for any federal agency – especially DOJ/DEA – enter the state and forced to observe/adhere to state laws.
I wish someone would point out to me where a STATE LAW could supersede the DEA’s authority under the Control Substance Act.
In fact, the DEA has been granted – or took – the authority to both be able to establish new interpretations/regulations of existing laws and then proceed to enforce those same regulations. It is almost like the DEA can create “designer regulations” to meet their specific wants to enforce.
All one has to do is look at California who made MJ legal some 20 yrs ago and the DEA still -at times – raids MJ clinics and MJ growing patches.
The DEA might even take it as a challenge to the states that pass some sort of new legislation that encourages better pain management and just raid more practices to just prove who is really in charge.
Filed under: General Problems
State law prevails if it’s more stringent than federal law and vice versa. For instance, my state’s law puts amphetamine in schedule III, but federal law prevails with schedule II.
I was wondering the same thing. The DEA definitely needs to be redirected to the illicit drug problem. For them, I think that they enjoy the power they have, and it’s definitely safer, and more lucrative, to go after Doctors. Certainly less effort involved too, thanks to the PDMP.
You have a good point regarding Federal DEA vs State legislation and oversight. But there are Medical Marijuana States which permit physician’s consult and approval for suffering patients with each state’s “qualifying conditions” (based on ICD Dx and patient health records). Remember when the DOJ during Pres. Barrack Obama’s administration told DEA to “stand down” and permit the MMJ states to dispense?
I am not a patient with MMJ card (I want option of working for Federal contractor and passing a DoD background check). But if MMJ works for suffering patients, let it be.
And likewise, if pharmaceutical opiate Rx meds help suffering patients….then let it be. Our Federal government should protect patients with intractable pain.
The DOJ has power to stop this mess – the DEA is part of the DOJ.
yes you are right. They seem to be a bully of an organization who is drunk on power.
Follow the money….. All the federal contracts to enforce a losing War against Drugs. And the CDC’s mathematical “mistake” by combining stats of Rx prescription opiates with illicit street drugs.
Follow the money in federal contract procurement. How sad. Time to aggressively write each House Rep and US Senator to protect legitimate patients. Long overdue!
I think the pain patients, pain groups and individual advocates for the “pain crisis” have written. The problem likely is this thing got so big as a money maker, like tobacco, that most of these State’s Reps are invested in it.Health Care itself may be invested in it, hence the total perfection of ‘hate’ we encounter in emergency rooms and doctor’s offices. Anyway, we are getting better press everyday.
Exactly why, an oversight hearing needs to take place with the,, DEA in the hot seat, for over reach!