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February 28, 2022

Previewing the notable criminal drug prosecution cases before SCOTUS

Tomorrow morning the Supreme Court hears oral argument in a couple of the relatively few criminal cases it will be addressing this Term.  Two cases are consolidated for one argument, Ruan v. United States and Kahn v. United States, and here is the question presented:

Whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) without regard to whether, in good faith, he “reasonably believed” or “subjectively intended” that his prescriptions fall within that course of professional practice.

The setting for SCOTUS to be addressing this question is quite interesting and still timely, and a number of media outlets have these helpful previews:

From JD Supra, "Pain Management or Pill Mill? Supreme Court to Weigh in on Standards for Prosecutions of Practitioners Prescribing Narcotics"

From Law360, "DOJ Has Few Allies, Many Foes In High Court Opioid Brawl"

From the New York Times, "Were These Doctors Treating Pain or Dealing Drugs?: The Supreme Court will hear from two convicted pill mill doctors in cases that could have significant implications for physicians’ latitude to prescribe addictive painkillers."

From SCOTUSblog, "Amid overdose crisis, court will weigh physician intent in “pill mill” prosecutions and more under the Controlled Substances Act"

From STAT, "Fight over opioid prescribing — and when it turns criminal — heads to Supreme Court"

February 28, 2022 at 04:29 PM | Permalink

Comments

Ironically, if a Doctor prescribes Ivermectin or HCQ, he could be stripped of his medical license and fined hundreds of thousands of dollars. Maybe if a doctor prescribed one of these narcotics instead of those proven effective drugs, many people would view them with less guilt.

Posted by: Eric Knight | Feb 28, 2022 11:34:13 PM

needed to hire any criminal lawyer for criminal drug prosecution cases before SCOTUS

Posted by: Johnson Alfred | Mar 1, 2022 5:47:58 AM

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