UNDERSTANDING THE HISTORY OF DEA’S WAR ON DRUGS IN AMERICA: THE STORY BEHIND THE ECONOMIC LYNCHING OF BLACK-OWNED PHARMACY BUSINESSES BY THE DRUG ENFORCEMENT ADMINISTRATION (DEA) PART-2a

WE ARE PHARMACISTS NOT DRUG DEALERS

“I’VE NEVER SEEN ANYTHING LIKE IT” DEA CORRUPTION IS DEADLY FOR PATIENTS

https://www.wesh.com/article/special-report-pharmacies-denying-legitimate-prescriptions/4439866#

BY

NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, JOSEPH SOLVO ESQ., LYNN MICHELLE CLARK, REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., WILLIE GUINYARD BS., BRAHM FISHER ESQ., JOSEPH WEBSTER MD.ESTHER HYATT PHD., BRAHM FISHER ESQ., MICHELE ALEXANDERDEBRA LYNN SHEPHERD, BS., CUDJOE WILDING, BERES E. MUSCHETT, STRATEGIC ADVISOR

Norman J Clement, Aaron Howard, Lynn Michelle Clark, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.

UNITED STATES SURGEON GENERAL JEROME ADAMS AND HIS BROTHER: SO WHY IS PHILLIP IN PRISON AND NOT IN TREATMENT???

US SURGEON GENERAL JEROME ADAMS

On April 25, 2018, at the Behavioral Health and Opioids Conference, held in Washington DC, the then United States Surgeon General Jerome Adams spoke of two personal tragedies. His brother Philip’s use of illicit drugs and is serving a 10-year sentence for drug addiction. (see video below)

UNITED STATES SURGEON GENERAL SPEAKS ABOUT HIS BROTH PHILIP

SO WHY IS PHILLIP IN PRISON ???

So why is Phillip in prison? Because Phillip belongs to the subordinate caste in America and similar to the targetted Black own pharmacies, he is low hanging fruit and a quota has to be met. If Phillip were white, he would more likely be receiving a lifetime of treatment. Through the process of creative deceptive prosecutions, the United States Department of Justice (DOJ) has sidestepped Constitutional issues based on a lack of legal standing. The reality is there is no fix or cure for addiction and it is a lifelong treatment.

The below PBS documentary, Understanding The Opioid Epidemic, points out that addiction is a chronic disease condition in the same manner as hypertension, diabetes, and is worthy of treatment. According to the National Institute on Health (NIH) “fewer than 12 % of people with addiction get help.” See the below PBS “SERIES UNDERSTANDING THE OPIOID EPIDEMIC video from their series outline treatment: 

ADDICTION TREATMENT IS FOR A LIFETIME

UNDERSTANDING THE OPIOID EPIDEMIC

However, the DEA/DOJ, prosecutors, and Judges’ premises of addiction are seriously flawed. Addiction (dependency) on non-medical and medically prescribed opioids is a lifelong treatment and the patient will relapse. In the case of Phillip Adams, the system wrongly criminalized him ( locked him up), and these attitudes are unfortunately supported by the foundation of the courts and bias within our criminal justice system.

WHEN YOU ARE BLACK AND IN AMERICA, YOU ARE ALREADY IN JAIL

More importantly, addiction and dependency further applies to nearly all medications such as the dependency on high blood pressure medications, thyroid replacement, diabetic medications which are taken for chronic conditions to sustain life throughout. This also extends to medications to treat psychosis such as Paxil, Zoloft, and anxiety medications such as those found in the benzodiazepine class, etc.

OPIOIDS EPIDEMIC NO EASY FIX

According to the NIH, National Institute on Drug Abuse, Advancing Addictive Science:

“ Like many other chronic diseases, substance use disorders can be treated. Medications are available to treat heroin use disorder while reducing drug cravings and withdrawal symptoms, thus improving the odds of achieving abstinence. There are now a variety of medications that can be tailored to a person’s recovery needs while taking into account co-occurring health conditions. Medication combined with behavioral therapy is particularly effective, offering hope to individuals who suffer from substance use disorders and for those around them.” (33)

PHILLIP MUST BE RELEASED FROM PRISON

If the United States Surgeon General’s brother, Phillip, is to be considered a human being and his infliction was determined as a disease, then logically he must be released from prison and given life-long treatment. The deserving treatment is similar to any other dominant caste person living in this country, be they citizen, and non-citizen. Addiction to control a race-based justification has become an unfortunate mindset within the criminal justice systems. When you are Black in America , you are already in jail

IMPORTANT TOOLS NECESSARY TO SUSTAIN IGNORANCE

Let’s say one wanted to keep control of any particular population by keeping them in a state of sincere ignorance and conscientious stupidity. This is a very easy thing to do, particularly amongst urban planners. We see this in the layout of many towns in the US South and North (such as Detroit) and especially when visiting South Africa Soweto. 

The common urban designs of demarcations utilized to subjugate a targetted population are the use of industrial barriers such as railroad tracks, large highways, and large industrial towers. Further, reducing/limit exit and entrance points, limiting education and health, maintaining poorly furnished schools, and strategically flooding these communities with nonmedical narcotic derivatives, while prohibiting treatment for addictions, undermines the community. Knowingly, these nonmedical substances will precipitate crime which will lead to long-term prison sentences. In some sense, this has all happened under the supervision of the United States Drug Enforcement Agency and its involvement has been well documented.

  1. Control the logistical distribution in neighborhoods. Flood their neighborhoods with liquor stores, heroin, and expose their children to crack cocaine, 

2. Mis-Education, such as removing Civics from school curriculae

3. Redefine medical protocols and mis-educate the populous.

THE ROLE OF HEROIN, WHAT IS IT AND WHAT IS ITS PURPOSE?

The United State Opioid Epidemic has been driven by too many white people (dominant caste) dying on the use of illicit non medically manufactured opioid derivatives that have turned on them. One cannot ignore the social-economic, racial component of this “drug crisis” and a key component of how it has been deployed in communities of color. (35)

According to the article, White Opioids: Pharmaceutical Race and “The War on Drugs That Wasn’t,” by Julie Netherland and Helena Hansen US Department HHS, Published online 2017 Jun 28. doi: 10.1057/biosoc.2015.46PMCID: PMC5501419 NIHMSID: NIHMS752948 PMID: 28690668

“In one of the only studies to explicitly look at how drug policy is used to carve out White spaces exempt from punitive more approaches, Lassiter (2015) takes a historical look at the roots of the White opioid crisis of today. Looking back to marijuana policies of the 1970s, he states: “exemptions created for white middle-class participants in the underground market-place were not merely epiphenomenal but rather constitutive of the expansion of the carceral state (p. 127)”. The drug war operates because of a reciprocal relationship between the criminalization of blackness and the decriminalization of whiteness.”

THE ROLE OF HEROIN. WHAT THEY THINK IS ONE THING. WHAT YOU DO IS ANOTHER THING. 

Heroin in the United States is a unique design non-medical synthetic morphine derivative targeted to maintain a subordinate caste of sub-class humans in a state of servitude. A substance design to control the subordinate caste has gotten out into the dominant caste. This calls for different rules for addressing the Opioid crisis. However, Heroin was introduced in Black (subordinate castes) and Hispanic neighborhoods and is the “Gate Way “Drug” to the prison industrial complex and plays a specific role in population control. Whereas abuse of prescription medication is the gateway to non-medical substances like heroin. (35)

Heroin is simply morphine, which has been diacetylated. According to the American Addiction Center:

“Heroin is perhaps the most notorious of the opiates. Highly addictive and synonymous with the so-called druggies on the street, it’s a drug that is commonly abused and seldom understood. It’s also used in the clinical setting where it’s known as diamorphine, diacetylmorphine, or morphine diacetate, but it’s mainly used as a last resort for end-stage pain.” (34)

LESEDI CULTURAL VILLAGE, GAUTENG, SOUTH AFRICA

LOGISTICAL DISTRIBUTION AND DEPLOYMENT

HEROIN A NON-MEDICAL OPIOID, AS THE SUBSTANCE OF CHOICE IN POPULATION CONTROL

Dan Baum, interviewed John Ehrlichman, April 2016, [who served as President Richard M. Nixon’s Domestic Policy Adviser, Ehrlichment] explained, the purpose behind Nixon’s War on Drugs

The Richard M.Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. Do you understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or blacks, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course, we did.”

Given the times of massive oversight of the FBI, the Nixon administration, as a matter of convenience chose the newly reconstituted United States Drug Enforcement Administration (DEA) to supplant the role of the mission of Hoover’s FBI. The Federal Bureau of Investigation was effectively used to undermine and destroy black people, arrest their leaders, and disrupt every form of their commerce. The DEA assumed the same historical mission as did the FBI.

THE IMPORTANCE OF MISEDUCATION AND MAINTAINING IGNORANCE

The miseducation of a targeted population plays an essential component in maintaining dominance. Moreover, despite the fact, “we have overcome” the draconian-colonialism legacy of “Jim Crow” and Apartheid in both the United States and South Africa, we continue to observe the residuals effects of these practices on children struggling academically.

*HENDRIK FRENSCH VERWOERD PRIME MINISTER UNION OF SOUTH AFRICA

Among the laws which were drawn and enacted during Hendrik Verwoerd’s time as the Minister for Native Affairs were the Population Registration Act and the Group Areas Act in 1950, the Pass Laws Act of 1952, and the Reservation of Separate Amenities Act of 1953. 

Verwoerd wrote the Bantu Education Act, which was to have a deleterious effect on the ability of black South Africans to be educated as Verwoerd himself noted:

that the purpose of the Bantu Education Act was to ensure that blacks would have only just enough education to work as unskilled laborers.”[1]

THE BANTU EDUCATION ACT

The Bantu Education Act ensured that black South Africans had only the barest minimum of education, thus entrenching the role of blacks in the apartheid economy as a cheap source of unskilled labor. In June 1954, Verwoerd in a speech stated: 

“The Bantu must be guided to serve his own community in all respects. There is no place for him in the European community above the level of certain forms of labor. Within his own community, however, all doors are open.”[1]

One black South African woman who worked as an anti-apartheid activist, Nomavenda Machine, in particular, criticized Verwoerd for the Bantu Education Act of 1953, which caused generations of black South Africans to suffer an inferior education, saying: “After white people had taken the land, after white people had impoverished us in South Africa, the only way out of our poverty was through education. And he came up with the idea of giving us an inferior education.” 1

In the United States, we have experienced actions nearly identical to Hendrik Frensch Verwoerd’s thinking in former Governor Rick Snyder in the State of Michigan, who directed the forced takeover of the Detroit Public Schools. Snyder’s action resulted in one of the greatest tragedies in which he deliberately and knowingly poisoned the water system in Flint, Michigan. Snyder’s actions were both methodical and inhumane and lead to the deaths and destruction of an entire city of predominantly people of color. Snyder has been steadfast in saying, “my action was for the good of the people and we were saving money.”

DEA REDEFINES MEDICAL AND PHARMACEUTICAL PROTOCOLS

AND WHO CONTROLS THE NARRATIVE?

The United States Department of Justice (DOJ), United States Drug Enforcement Administration (DEA) has fostered an overall attitude that there are treatments for some and prison for others. Both Federal Government entities have further hyped media, the public, and Congress with exaggerations of the phrases pill mills, cocktails, holy trinity, and red flags, to which pharmacists have a corresponding responsibility to determine whether prescriptions are illegitimate, without first consulting the physician.***

WHO CONTROLS THE NARCOTIC ANALGESIC (OPIOID) NARRATIVE ???

More concerning, over a period of 20 years the DEA has created troubling guidelines enforced upon the pharmacists which disrupts the physician-patient relationship. The laws and rules the DEA has created, further forces pharmacists to operate outside the licensure and the scope of the profession of pharmacy.

WHAT IS THE US WAR ON DRUGS?

More significantly, at any point, a DEA Diversion Investigator can arbitrarily target, sanction, or have a pharmacist arrested and/or a pharmacy’s Control Substance License suspended. This is based solely on DEA Diversion Investigators’ profound ignorance of medical/pharmaceutical procedures, bias, and/or their failure to investigate.

ELIMINATE DISCUSSION OF THE DISEASE STATE BY PROSECUTING THE PILL

Eliminate the ability to treat pain by eliminating pharmacies and pharmacists and criminimizing the medications used to treat pain. For example, in every indictment, US Attorney Generals have redefined the purposes of narcotic analgesic medications, such as oxycodone, to be a dangerously addictive drug that causes death. The DOJ/DEA has cleverly controlled the narrative by reclassifying the medication’s mechanism of action, therapeutic indications, understanding of its pharmacological effect by spinning criminality. The DOJ/DEA has intentionally gone out of its way to willfully and deliberately omit from their narratives the disease states and the conditions of the patient.

For example, oxycodone is targeted by DEA/DOJ as a dangerous drug. In fact, we know as pharmacists all drug medications are dangerous, especially when taken beyond their therapeutic dose levels. If controlling death has been what the US Attorney’s office has been looking for, then they would be hard-pressed to explain the role of chemotherapy and long-term use of Cox inhibitors, which causes the death of many persons, even when given therapeutic doses. 

WHY NATIONS LIKE CHINA AND OTHER SOVEREIGNTIES ARE UNLIKELY TO ASSIST

The United States Department of Justice has been turned into a private system of injustice to target Black people. In particular, its leadership class and educated professionals. They’ve introduced, promoted, and controlled through law enforcement, non-medical narcotic analgesic analogs (heroin), analogs of cocaine (crack), and then arrested, convicted, and imprisoned all to suppress progressive thought and actions. One should note this strategy is not new and was used effectively by England against China, which led to the Boxer War for the same purpose, to suppress progressive thought and actions. (5)

THE YIHEQUAN (THE BOXER REBELLION)

THE Yihequan

The Opium Wars and The Boxer rebellion (Yihequan) resulted in a near-century of humiliation in which Western powers extracted high concessions from the Chinese People. Opium was ruthlessly and brutally imposed upon the population of China by these Westerners which undermined centuries of intellectual and progressive thought. Therefore, countries like China are very unlikely to give the United States any sort of sympathetic understanding as to the “Opioid Epidemic” we are suffering through.

CHINA; THE CENTURY OF HUMILIATION

The Opium Wars

So, when we as a nation complain about fentanyl derivatives from China arriving at our borders via US mail, then we must also think of the Chinese mindset that they are doing to us what we did onto them. Perhaps, one day we can reach a period of truth and reconciliation and attempt to move on, as was done in South Africa.

THE OPIUM WAR; HISTORY OF CHINA

UNDERSTANDING THE RACIAL ASPECTS OF THE THE OPIUM WARS ON CHINA

WHY BRITAIN STARTED THE OPIUM WAR

ADDICTION AND DRUG DEPENDENCY ARE MEDICAL PUBLIC HEALTH ISSUES NOT CRIMINAL ISSUES. WE NEED TO ADHERE TO THIS NEW PRACTICAL SENSE ON POLICIES, FOR THE WAR ON DRUGS IS OVER. 

DRUG ADDICTION IS NOT A CRIME

UNITED STATES DEPARTMENT OF JUSTICE AND DRUG ENFORCEMENT ADMINISTRATION’S MASSIVE FRAUD AND CORRUPTION SCHEME AND OVERSIGHT IS NEEDED

“Retired Neonatologist Keith Kanarek MD, Tampa Florida points out they operate under think and feel rather than fact-based on a foundation of science.

The United States Justice Department (DOJ) has engaged in the largest prosecutorial fraud scheme perpetrated on the taxpayers of America. DOJ has been fully made aware that the treatment of suboxone works and is supported by the NIH. Instead, they ignore science and have engaged in a campaign of science suppression, which precipitates the opioid crisis in America.

Most importantly they specifically targeted Black people and people of color for forced removal and imprisonment and any person(s) who got in the way or dared challenge them was made an example of and economically destroyed. They continue to perform their mission set out by their creator Richard Nixon some forty years ago.

AS THE LORD INSTRUCTED PAUL DO NOT BE AFRAID, GO ON SPEAKING, DO NOT BE SILENT, FOR I AM WITH YOU AND NO ONE WILL ATTACK YOU TO HARM YOU, FOR I HAVE MANY IN THIS CITY WHO ARE MY PEOPLE

INDISCRIMINATE RAIDS

“The killing of Breonna Taylor reveals yet again how easy it is for the state to take a Black life and how hard it is to hold the state accountable for its transgressions. That is in part because the system is designed to make it nearly impossible for the state to transgress. Taylor was an innocent woman, sleeping in her own home, breaking no law. The state broke down her door and shot her dead,” as written by Charles Blow, writer NewYork Times (2)

Mike Barnes, DCDBA law firm, wrote an extensive brief called for a more sensible approach:

” Indiscriminate raids, searches, and investigations of health care professionals put patients’ lives at risk, destroy professionals’ livelihoods and careers, and create confusion, fear, and reluctance to prescribe among other health care professionals. This chilling effect undermines congressional efforts to expand the number of professionals who prescribe medications to treat pain. (7)

SHARPEVILLE MASSACRE, MARCH 21,1960

” To ensure that professionals feel confident prescribing or dispensing medications to treat opioid use disorder and other conditions that may require treatment with controlled medications, complaints against licensed health care professionals, including pharmacists, should be investigated first by professional licensing boards, which are governed and staffed by professionals with health-specific expertise, rather than by law enforcement.”

______ JOHN ERLICHMAN, NIXON’S DOMESTIC ADVISOR, APRIL 2016

We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. Did we know we were lying about the drugs? Of course, we did.”

“Congress and state legislators should, therefore, amend federal and state laws to require law enforcement to obtain a referral from the appropriate state health-profession licensing board before instituting, aiding in, or defending an investigation or criminal or civil action against a prescriber or dispenser of FDA-approved medications in which medical need or patient care, including the prescribing or dispensing of medications, is at issue.”

THE DEA’S SUBOXONE SCAM RAIDS

ADDICTION AND DRUG DEPENDENCY ARE MEDICAL PUBLIC HEALTH ISSUES NOT CRIMINAL ISSUES WE NEED TO ADHERE TO THIS NEW PRACTICAL SENSE ON POLICIES, FOR THE WAR ON DRUGS IS OVER.

According to Larry Coates Subutex vs. Suboxone

“The prescribing of Subutex and Suboxone as part of medication-assisted treatment (“MAT”) for opioid addiction lies at the heart of this case. Between December 2016 and March 2019, Oak Hill Hometown Pharmacy in West Virginia (“Oak Hill”) had filled about 2,000 prescriptions for Subutex.”

SUBOXONE LIFETIME OF TREATMENT

“Both Subutex and Suboxone can be employed in MAT treatment. They are different, however, and in a critical way. While both are buprenorphine products, Suboxone contains naloxone as well, which, as DEA’s opposition brief states, “is intended to block the euphoric high resulting from the injection of the drug by narcotic abusers,” which makes it less susceptible to abuse. Subutex contains no such blocking element. That said, Subutex is recommended for pregnant women and for anyone allergic to naloxone.”

“WE ARE PHARMACISTS NOT DRUG DEALERS”

This minor exception, however, cannot explain a large number of prescriptions for Subutex by Oak Hill Pharmacy. This was the primary reason behind the issuance of the ISO. The very fact that the prescriptions were for Subutex – “a widely abused controlled substance,” according to the DEA brief – was the first cited “red flag” identified by DEA. United States Attorney Alan McGonigal, in fact, told the Court, “You could say that the fact that it was Subutex was the primary triggering red flag.” (7),(9),(14),(24)

SUBOXONE HAS BEEN DELIBERATELY MIS-CLASSIFIED BY DEA TO SNAR HEALTHCARE PROVIDERS

https://videopress.com/embed/dg3uS8aT?preloadContent=metadata&hd=1

US ATTORNEY McGonigal KNEW THE TREATMENT PROTOCOL OF SUBOXONE BUT CHOSE TO LIE AND FALSIFY HIS WARRANT TO TARGET OAK HILL PHARMACY AND ITS OWNER MARTIN NDJOU

In the case of Oak Hill Pharmacy, both the DEA and the United States Attorney  Alan McGonigal, argument and position sat upon a foundation of rubbish.  Most importantly, we see this pattern of distorting science in US Attorney Alan McGonigal, John Beerbower, Robert M. Duncan Jr. Lou Anna Redcorn. Lying to Judges and defrauding the American taxpayers must come with legal consequences, such as disbarment.

EXPOSING THE DEA’S FRAUDULENT RED FLAG ANALYSIS

On August 9, 2019, DEA Diversion Investigator Richard Albert prepared a warrant that “opinion based on a red flag that Pronto Pharmacy LLC, in Tampa Florida engaged in manufacturing-controlled substances. This is an assumption that a crime was committed within the Pronto Pharmacy.  Pronto Pharmacy is a licensed pharmaceutical company by law that can compound medications. (37)

As further written December 29, 2020, by the Wall Street Journal Editorial Board in a stark rebuke of the United States Department of Justice (DOJ) lawsuit filed in federal court in Delaware claims that: The Walmart DOJ complaint also includes:

FORMER NARCOTICS DETECTIVE RUSSELL JONES “THE WAR ON DRUGS” IS A WASTE AND FAILURE

” more than 190 mentions of “red flags” about suspicious opioid prescriptions. It claims Walmart often didn’t adequately resolve them and sometimes knowingly filled illegitimate prescriptions despite the warnings. But Walmart notes in its lawsuit that the Controlled Substances Act “and its implementing regulations do not include the concept of red flagslet alone identify any particular factors as a red flag.”

“The feds try to side-step this problem by claiming that, under the Controlled Substances Act and regulations, “the pharmacist’s conduct must adhere to the usual course of his or her professional practice as a pharmacist.” The complaint argues that catching and resolving “red flags” for opioid prescriptions is “a well-recognized responsibility of a pharmacist in the professional practice of pharmacy,” so “failing to fulfill this responsibility” is a violation of the federal law.”

However, the Wall Street Journal Editorial Board further points out: 

” All of this raises constitutional issues based on a lack of legal standing. A negligence claim like the one alleged here is supposed to have a specific party claiming a specific injury caused by someone specific. Those are typically claims by one private party against another. The government can sue for violations of law, not because someone was negligent. The government’s claims of Controlled Substances Act violations are so general that they seem contrived to add some violation of the law.(1)

” In effect, DOJ is asking the federal court to overrule state law in favor of informal federal guidance and a vague notion of pharmaceutical best practices. This harassment was typical of the Obama era but it’s especially disappointing from the Trump Justice Department. The Biden Administration will be happy to run with this prosecutorial abuse.”(1)

THE SIX “RIGHTS”

The six medication rights serve as the foundation of safe medication administration. The RIGHT PATIENT must be given the RIGHT MEDICATION in the RIGHT DOSE by the RIGHT ROUTE at the RIGHT TIME. The pharmacist must also ensure that the prescription is supported by the RIGHT DOCUMENTATION

This involves cross-checking the prescriber’s order against the patient’s history and medical information to identify potential drug-drug, drug-disease, or drug-allergy interactions. Although electronic prescribing technology can help detect errors in medication names, dosing, and frequency, it is not foolproof. The pharmacist should verify that all elements of the order are correct (Brown, 2016).

Once the medication ordered is verified as appropriate for the patient and appropriately prescribed, it is the pharmacist’s responsibility to ensure that the correct medication in the right form and dose is provided to the patient at the appropriate time. With the vast array of drugs on the market, it is not possible for a prescriber or a pharmacist to be personally familiar with the uses, dosing, side-effects, potential interactions, and other implications of every drug.

If a pharmacist is unfamiliar with a medication, he or she must consult a drug reference before dispensing the medication.

DR. RICHARD WYNN, PHARMACIST, PROFESSOR OF PHARMACOLOGY, UNIVERSITY OF MARYLAND DENTAL

https://videopress.com/embed/gdUg8wup?preloadContent=metadata&hd=1

These guidelines appear on nearly every State Governing Board of Pharmacist and Pharmacy-Technician throughout the United States of America.

DEA weakening medical protocols treatment and HEALTHCARE institutions    

In this case, as the Court put it, “the DEA continually points to the 2,000 prescriptions . . . as suggesting abuse and diversion.” However, “more than a suspicion that these prescriptions indicate abuse and diversion that would rise to the level of a danger to public health and safety” is required. Here’s the key:

“There must be evidence that the Pharmacy was filling prescriptions that patients were abusing or diverting at the time the agency issued the ISO in August 2019.”

Proof of actual diversion or actual abuse is necessary, not simply suspicion based on Subutex prescription numbers. With the absence of any evidence of actual diversion, the ISO was dissolved.

Norman J Clement, Aaron Howard, Lynn Michelle Clark, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.

While DEA’s arguments did not ultimately prevail before the District Court, it is important to understand that, despite strong support from the Trump Administration and Congress for greater access and availability to treatment for substance use disorders, DEA maintains a rather aggressive enforcement philosophy regarding the prescribing and dispensing of single-entity buprenorphine products. This may be justified, as there is anecdotal evidence that these products are used for other than their intended purpose. Regardless, mere speculation or conjecture cannot be the basis for the issuance of an ISO, from Judge Goodwin’s order. (37)

THE ECONOMIC LYNCHING OF OAK HILL PHARMACY OF OAK HILL, WEST VIRGINIA A BLACK-OWNED PHARMACY

In West Virginia, a state hard hit by the overdose crisis, the DEA raided and temporarily revoked a dispensing license for the Oak Hill Hometown Pharmacy in August 2019 until a federal court intervened. The pharmacy dispenses buprenorphine, and a federal judge agreed that DEA’s actions created barriers to lifesaving addiction treatment in an area with few providers. Martin Njoku, the pharmacy’s manager, said the license suspension and legal costs nearly put the pharmacy out of business. (2),(3),(4),(15),(16)

SO WHY IS OAK HILL PHARMACY STILL BEING PROSECUTED


Oak Hill Home Town Pharmacy, Oak Hill, WV owner Martin Mnjoku in business 15 years, raided August 6, 2019 “an imminent danger to the public health or safety”,

A. judge-dissolves-iso-against-west-virginia-pharmacy-suspicion-of-diversion-not-enough-to-support-sus-1“OAK HILL PHARMACY DISSOLVING ISO ORDER”

B. https://www.wvgazettemail.com/news/legal_affairs/rebuffing-dea-claim-of-imminent-danger-judge-lifts-pharmacy-suspension/article_989645f7-856b-56a3-8042-863b74fc3c80.html

Despite prevailing in the Federal District Court, the DEA pushes on against scientists and true medical experts to harass and prosecute Martin Ndjou, owner of Oak Hill Pharmacy. Repeatedly, the DEA has been found to have abused its authority. The agency has a history of human rights abuses, lavish payments to confidential informants, and surveillance of Americans with no suspected connection to illegal drug activities. (7),(9),(14),(15), (24)

OAK HILL PHARMACY PREVAILED IN FEDERAL DISTRICT COURT

OAK HILL HOMETOWN PHARMACY

OAK HILL PHARMACY, OAK HILL WEST VIRGINIA

THE SAGA OF OAK HILL HOMETOWN PHARMACY IS THE SAGA OF THE BLACK-OWNED PHARMACY TARGETED FOR EXTINCTION

WE ARE PHARMACISTS, NOT DRUG DEALERS

These Black-owned pharmacies fall well within the foundation of the American System of Caste, “The Origins of Discontent,” described by author Isabelle Wilkerson,  “where their degraded station justifies their degradation, as they are consigned to the lowest, dirtiest jobs and thus were seen as lowly and dirty and everyone in the caste system absorbed the message of their degradation.” (8)  

“….BOTH HOUSE AND SENATE JUDICIARY COMMITTEES MUST GIVE OVERSIGHT, INVESTIGATE AND REORGANIZE THE DEA….”

Many of these Black-owned Pharmacies have been in business for more than 10 years.
In just the past 6 months at least 7 or more Black-owned Pharmacies have been attacked and classified as “Public Health Threats” and their Control Substance Registration suspended. See below Order to Show Cause Oak Hill Hometown Pharmacy

misc-iso-oak-hill-1“OAK HILL PHARMACY SHOW CAUSE”

These Black-owned pharmacies are not public health threats nor imminent dangers. Yet had their certificate of registration was suspended (supposedly) for ignoring alleged red flags in filling narcotic analgesic medications.

2580383b-4c5b-448d-8d64-855dbdc9929b“NARC SCORES”

AT COST PHARMACY TARGETED AS IMMINENT DANGER TO PUBLIC SAFETY


At Cost Pharmacy, Ft. Meyers, owner Aaron Howard in business 10 years, raided January 7, 2020 “an imminent danger to the public health or safety”, (see below Order to Show Cause At Cost Pharmacy Ft. Meyers, Fl.)

ah_1072020_aarric_dea_dsa“AT COST PHARMACY SHOW CAUSE”

GULF MED PHARMACY TARGETED AS IMMINENT DANGER TO PUBLIC SAFETY


Gulf Med Pharmacy, Cape Coral, Fl owner Ricardo Fertil in business 10 years, raided Nov 19, 2019, “an imminent danger to the public health or safety,”

norm523901“GULF MED PHARMACY SHOW CAUSE”

DEA HAS CONCOCTED THEIR FRAUDULENT REALITY

How did we get here, is perhaps why science has been avoided. Most people who went to college observed quite early than those who wanted to become lawyers were the same people who in general hated science and math. Students of math and sciences knew this to be the case.

The writer Norman J Clement, speaks of his times as an undergrad student at Florida A&M University:

...”the science building was called Jones Hall, it was also the Pharmacy School and nearly where all sciences such as biology, physics, organic chemistry, pharmacology, pharmaco-medicinal chemistry were taught. Those of us who loved science were so thrilled to see Jones Hall, we’d breakdance and moonwalk to get into that building.”

LESEDI CULTURAL VILLAGE GAUTENG, SOUTH AFRICA

WHEN SCIENCE TAKES THE STAND

“Those folks who hated science and math generally wanted to be lawyers. The problem with that has become once completing law school and getting barred, they also have risen to positions as Administrative judges, District Court Judges, Federal Court Judges, Federal Appeals court judges, where science oftentimes takes the stand. Where the adjudication of science, math, and medical issues call for an intrinsic understanding of these various medical disciplines.”

University of California Davis Law Professor Edward J. Imwinkried points out these deficiencies of law in his book SCIENCE TAKES THE STAND; The Growing Misuse of Expert Testimony. (36)

What is clearly observed in nearly all pharmacy DEA cases is how the courts eliminate all discussions of the disease state of the patient and can also include the practitioners’ diagnosis, which is based on blood chemistry results, radiographs (CBCT, MRI, X-ray).

Various courts, especially DEA Administrative Courts, (consisting of judges whose employment and opinion are bound to the DEA Administrator and not by facts) have relied on fraudulent misrepresentations of the testimony of non-qualified expert witnesses which have permitted to take the stand. Even, so much as the practitioner’s progress reports have been eliminated, for the sake of discussion of “pill” number counts. Oftentimes, these courts have disqualified both patients and physicians yet giving more weight to the testimony of a fraudulent DEA expert witness. (36)

CONCLUSION

The Federal Drug Enforcement Administration (DEA) has existed for more than 40 years, but little attention has been given to the role the agency has played in fueling mass incarceration, racial disparities, and other drug war problems. Congress has rarely scrutinized the agency, its actions, or its budget, instead deferring to DEA Administrators on how best to deal with drug-related issues.

* President of Union of South Africa, which later changed to the Republic of South Africa

*** Walmart and other pharmacy chains — including CVS Health Corp., Walgreen Co., and Rite Aid Corp. — are facing hundreds of lawsuits in the MDL, which could produce its first bellwether trials next year. The pharmacies have publicly vowed to fight the cases, but have lost key legal disputes and are increasingly becoming the MULTIDISTRICT LITIGATION (MDL’s) top remaining targets as drug manufacturers and distributors work toward finalizing global settlements

FOR NOW YOU ARE WITHIN THE NORMS

YOUWITHINTHENORMS.COM , (WYNTON MARSALIS CONCERTO FOR TRUMPET AND 2 OBOES, 1984)

ENDNOTES

  1. https://harpers.org/archive/2016/04/legalize-it-all/
  2. https://youarewithinthenorms.com/2020/09/30/the-united-states-department-of-justice-united-states-drug-enforcement-administration-great-fentanyl-misinformation-campaign-during-the-covid-19-pandemic-congress-must-act-now-to-defund-the-dea/

Charles Blow, writer New York Times: Such is how Ms. Breonna Taylor was murdered having been erroneously targeted in an illegal raid by law enforcement. These types of illegal targeting occur too frequently and have remained hidden from the Public.  Congressional Oversight must expand to the illegal activities of the DEA, Now.

3. https://www.statnews.com/2019/06/28/stop-persecuting-doctors-legitimately-prescribing-opioids-chronic-pain/

4. Caste: The Origins of Our Discontents, April 2020, pg. 47, pg. , Wilkerson, Isabelwilkerson.com

a. Gretchen Sorin and Rick Burns, “African American: Driving While Black,” rebroadcast Nov 26, 2020 “fundamental fact space and mobility from the very start have been unequally distributed in American life by race.” XM-126, interview Laura Coates Esq., discussing intersectionality.

THE LAURA COATES SHOW XM-126

https://videopress.com/embed/xyGXE7mv?preloadContent=metadata&hd=1

5. Yihequan or Society of Righteous and Harmonious Fists: fought courageously against Westerners mainly British (foreigner) who use opium to impose there will upon the People and resources of China, resulting in what is paraphrase as a “Century of Humiliation, which was overcome by Mao SeTung, Cho Enli, and many other heroes who sacrifice their lives to erase this foreign stain from their soil,1948 and rebuild their great culture.

6. Brennan F, Carr DB, Cousins M. Pain management: a fundamental human right. Anesth Analg 2007;105:205–21.

REFERENCES

7. Snyder CA. An open letter to physicians who have patients with chronic nonmalignant pain. J Law Med Ethics 1994;22:204–5.

REFERENCES

8. As we noted at the beginning of this article, to this day, the Justice Department and the FBI have continued the targetting of African-American elected officials which began under Hoover’s reign and continued after his death. https://www.thenation.com/article/archive/just-being-black-was-enough-get-yourself-spied-j-edgar-hoovers-fbi/

REFERENCES

” African-Americans, Hoover’s largest targeted group, didn’t have to be perceived as having liberal, or even radical or subversive, ideas to merit being spied on. Nor was it necessary for them to engage in violent behavior to become a watched person. Being black was enough.”

Wikipedia: Justice Department- – Jack Keeney

It is not unrelated, that the senior career official in the Justice Department’s Criminal Division, who oversees the targeting and prosecution of public officials, is John Keeney–a man who got his start working in the Justice Department’s Internal Security Division in 1951, working hand-in-glove with Hoover’s FBI. Think of it: Keeney spent the 1930s first two {decades} of his career working side-by-side with J. Edgar Hoover; Hoover has been dead for almost 30 years, but Jack Keeney is still a top official in Justice Department headquarters.

9. “Driving While Black” film documentary PBS/2020, Gretchen Sorin, Ph.D., Ric Burns, interview Laura Coate’s Show, XM 126 radio, Urban View, Monday thru Friday, 10:00 AM to !2:00 noon.

10. Video, THE BLACK PHARMACIST (Pronto Pharmacy) “Low Hanging Fruit,” Tampa, Fl August 2020

https://videopress.com/embed/bQli8Wub?preloadContent=metadata&hd=1LOW

HANGING FRUIT

3. Coyle N. Opioids, cancer pain, quality of life and quality of death: patient narratives and a clinician’s comments. In Meldrum ML, ed. Opioids and pain relief: a historical perspective. Seattle: IASP Press, 2003.

7. IMG_0528Life long treatment PBSimg_0572“OPIOIDS NO FIX NO CURE”

8. https://youarewithinthenorms.com/2020/10/04/the-fraudulent-work-of-donald-sullivan-phd-the-ohio-state-university-college-pharmacy-professor-of-ethics/

11.https://youarewithinthenorms.com/2020/09/13/exposing-deas-criminal-enterprise-the-harlem-wisdom-table-interviews-tyrone-humbles/embed/#?secret=RQS0z5tRaP

12. https://www.vox.com/2016/3/22/11278760/war-on-drugs-racism-nixon

13. Drug Policy Alliance: It’s time to Dismantle the DEAhttps://www.drugpolicy.org/DEA5. pq5ju8uoquawpou8mntjg-1My Brother Phillip,” US SURGEON GENERAL JEROME ADAMS

14. https://youarewithinthenorms.com/2020/01/05/federal-judge-stops-dea-once-again-in-oak-hill-pharmacy-wv-ruling/

15. https://www.youtube.com/watch?v=GnMmvbxiexo

16. MISC-ISO-Oak-HillDownload

17. https://journalofethics.ama-assn.org/article/long-term-opioid-treatment/2013-05

18. https://corporate.walmart.com/media-library/document/walmart-v-doj-dea-complaint/_proxyDocument?id=00000175-522e-dbe2-a9fd-7f6e94120000

19. see url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5501419/#R28/

20. https://www.wlf.org/wp-content/uploads/2020/11/WLF-Amicus-Brief-Walmart-v.-DEA.pdf

21. https://www.wlf.org/wp-content/uploads/2020/11/WLF-Amicus-Brief-Walmart-v.-DEA.pdf

22. https://youarewithinthenorms.com/2020/12/06/recommended-great-candidates-to-head-the-united-states-drug-enforcement-administrationdea-under-president-elect-joe-bidden/

23. Nabarun Dasgupta PhD, MPH, Leo Beletsky JD, MPH, and Daniel Ciccarone MD, MPH https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2017.304187

24. https://casetext.com/case/oak-hill-hometown-pharmacy-v-dhillon, pg. 10

25. LP 3, Network, pg. 15, 17,18,19,  KenSpidel, RPh., PharmD FIACP, FACA,Pharmacotherapeutic Expert in pain management, hormone therapy, non-sterile, and sterile compounding  Retired Professor of Pharmacy at the University of Findlay  Served as a surveyor and accreditation expert for ACHC/PCAB  Served as multi-term president of the National Home Infusions Association (NHIA), Branvold & Carvalho, 2014 World Health Organization, 2003   Pain Presentation_Slide Handout.pdf

Miguel de la Garza, MD, DABA, DAPM Board certified physician who practices multidisciplinary interventional pain management in 4 offices in the Tampa Bay area Performs interventional pain procedures, specializing in minimally invasive surgical decompression of herniated disks and spinal stenosis, implantable intrathecal pump, spinal cord stimulation, and peripheral nerve stimulation. Diplomat, American Board of Anesthesiology. Diplomat, American Board of Pain Medicine.

26.https://youarewithinthenorms.com/2020/03/06/824-how-the-dea-turns-legal-into-illegal-the-story-predatory-prosecutions-and-the-dea-court-of-the-kangaroos-part-2/embed/#?secret=EcolbHkVyF

27. https://youarewithinthenorms.com/2020/02/11/drug-enforcement-agency-dea-armed-with-badges-guns-and-profound-stupidity-needs-congressional-reform-or-be-disband/

28. “Human Right Watch” Magazine writes:”
https://www.hrw.org/report/2018/01/09/dark-side/secret-origins-evidence-us-criminal-cases#

29. Johnson, Sandra H., JD, LLMAuthor Information

From the Tenet Endowed Chair in Health Law and Ethics, Center for Health Law Studies, Center for Health Care Ethics, Saint Louis University, St. Louis, Missouri. Address correspondence to Sandra H. Johnson, JD, LLM, Tenet Endowed Chair in Health Law and Ethics, Center for Health Law Studies, Center for Health Care Ethics, Saint Louis University, 3700 Lindell Boulevard, St. Louis, MO 63108. Address e-mail to johnsosh@slu.edu.

Anesthesia & Analgesia: July 2007 – Volume 105 – Issue 1 – p 5-7

doi: 10.1213/01.ane.0000268148.38688.e7

30. https://youarewithinthenorms.com/2020/06/17/when-priviledge-takes-the-stand-deas-judge-mark-d-dowd-and-his-court-of-the-kangaroo-the-congress-must-defund-the-dea/

31. https://www.wsj.com/articles/a-case-against-walmart-mocks-justice-11609103413?mod=searchresults_pos1&page=1

32. https://www.wsj.com/articles/walmarts-opioid-whipsaw-11604012110?reflink=share_mobilewebshare

33. https://www.drugabuse.gov/publications/research-reports/heroin/overview

34. https://www.rehabs.com/blog/a-complete-history-of-heroin/

35. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5501419/#R28/

36. First published: November‐December 1986https://doi.org/10.1002/j.2326-1951.1986.tb02878.xCitations: 5

37. “The Form,”https://youarewithinthenorms.com/2021/01/04/the-form-richard-james-albert-dea-investigator-and-the-diversion-of-the-truth/

Leave a Reply