Charles Ogletree Esq; Harvard Law Professor
…..from The Presumption of Guilt, the arrest of Henry Louis Gates Jr., …”I examine the race and class dimensions of the Gates arrest by looking at how other successful, prosperous, and noteworthy African American men (who are by no means alone in experiencing problems of racial profiling) have grappled with a wide range of encounters not only with police but with countless everyday citizens and found themselves being judged by the color of their skin rather than the content of their character.“…..
BY
NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, JOSEPH SOLVO ESQ., LYNN MICHELLE CLARK, BELINDA PARKER-BROWN, REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., WILLIE GUINYARD BS., BRAHM FISHER ESQ., JOSEPH WEBSTER MD., ESTER HYATT PHD., BRAHM FISHER ESQ., MICHELE ALEXANDER, DEBRA LYNN SHEPHERD, BS., CUDJOE WILDING, BERES E. MUSCHETT, STRATEGIC ADVISOR
“THE UNINFORMED WILL ALWAYS BE ON THE WRONG SIDE”
Norman J Clement, Aaron Howard, Lynn Michelle Clark, Rick Fertil demand the return of our DEA pharmacy Control Substance Registrations Immediately.
THE RAW TRUTH ON AMERICA’S SO-CALLED “WAR ON DRUGS”
https://www.wesh.com/article/special-report-pharmacies-denying-legitimate-prescriptions/4439866#
THE US WAR ON DRUGS IS A RACE WAR (CASTE) PRESIDENT BIDEN MUST SEEK TO END
WHITE RAGE AND THE WAR ON DRUGS: “TARGETING THOSE WITH AMBITION AND EDUCATION”
The United States “War On Drugs” has been a targeted race war (a targeted color caste war) and President Joseph Biden must seek its end by shutting down the corruption of the United States Drug Enforcement Administration and move towards formatted policies of life-time treatment of chronic chemical addiction disease and there will be “No Easy Fix.” (4),(22),(23),(24)
These authors request President Biden and his upcoming administration begin with an extensive oversight of 50 years of failed drug policies based on truth and reconciliation or we are guaranteed to undermine our Countries future.
“WE KNOW WHEN WE ARE BEING LIED TOO”
Jails, Prisons, and Drugs: THE TARGETING OF YOUNG BLACK MALES
THE UNITED STATES DEPARTMENT OF INJUSTICE (JUSTICE)
JOHN CONYERS (D) DETROIT, CHAIRMAN GOVERNMENT OPERTION COMMITTTEE 1990
During the 1990 Congressional Black Caucus Weekend, a discussion lead by Professor Dr. Ron Daniels. The panel discussed the question of crime and drugs in relation to young black men. Topics discussed included the amount of money spent on law enforcement versus crime prevention and does race influences the death penalty. See link below Chairman John Conyers (D) Detroit, “Jail, Prisons, and Drugs: The Targeting Young Black Males,” Omnibus Crime Bill, 1990.
https://www.c-span.org/video/?14263-1/jails-prisons-drugs
THE DRUG WARS AND COLOR CASTE
Dan Baum, writer for Harper Magazine reported April 2016, an interview he conducted with Watergate conspirator John Ehrlichman, who served as Nixon’s Domestic Policy Adviser, Ehrlichment explained, the purpose behind the 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 black, 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.” (1),(2),(12)
Hoover and Nixon
J. Edgar Hoover, Director of the FBI stated “the greatest threat to the American Society was Negroes becoming organized,” thus he throughout his 52 years conducted his agency campaign of surveillance of all black folk, ” Just Being Black Was Enough to Get Yourself Spied On by J Edgar Hoover’s FBI,” according to Betty Medsger, January 22, 2014 article in The Nation Magazine, Racism and Discrimination. (8),(19)
They have devalued their own professional training standards and medical protocols, education, and accepted their fate out of fear of DOJ/ DEA. They are complacent of DEA behavior, and the redline they’ve pretend to draw in the sand is one always moving backward. Until, some unlikely person(s) within these professions, in the face of these adversities, with grit and determination, scrappy, and unbowed, and whose pens will be mightier than DOJ/DEA’s swords, will stand up and say enough is enough. (4),(4a),(9), *(10), (27)
Given the times of massive oversight of the FBI, the Nixon administration as a matter of convenience chose the new reconstituted DEA to supplant the role of the mission of Hoover FBI to underdetermine and destroy black people disrupt and arrest their leadership and every form of black commerce. The DEA assumed the same historical mission as did the FBI. (19)
“The US ‘War on Drugs’ has had a profound role in reinforcing racial hierarchies. Although Black Americans are no more likely than Whites to use illicit drugs, they are 6–10 times more likely to be incarcerated for drug offenses. Meanwhile, a very different system for responding to the drug use of Whites has emerged.” (3)(4)
According to Erick Sherman, the drug war was an excuse to lock Blacks (of the subordinate caste) and protestors up:
“The realization that Nixon turned the U.S. justice system into a private army to punish those who didn’t love him for too many good reasons is shocking. That this is news today, and that the mechanisms once started as a personal vendetta continue to crush people born to the “wrong” parents, should be nauseating.“
Erick Sherman Writes:
“And so, the United States government developed a major policy, with massive implications on spending and societal impact, to declare that two classes of people should be destroyed, locked up if possible, for the convenience and pleasure of people in power. The justice system was warped into a private enforcer.”
THE DRUG WAR ON PEOPLE HAS FAILED
NARCOTIC ANALGESIC MEDICATIONS OR OPIOIDS!
For many physicians, the prospect of opioid prescriptions evokes a visceral reaction that is perhaps unique among medications. While other commonly prescribed medications that do not induce such feelings may be arguably more toxic or have narrower therapeutic indices (e.g. insulin or digoxin), the risks associated with long-term narcotic analgesic medications use for pain from conditions other than cancer should not be underestimated. (17),(23)
THE 4 TECHNOLOGIES OF WHITENESS IN THE “OPIOIDS CRISIS SCANDAL” AND WHY CONGRESS MUST END THE MISSION OF THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (35)
Racism In Science
One such study by Trawalter et. al worked on investigating the role of unconscious bias in a sample of 222 soon-to-be healthcare professionals. Trawalter and fellow researchers found that about 50 percent of medical students and residents attribute higher pain tolerance to Black patients compared to white patients. These students falsely believed Black people have less sensitive nerve endings, thicker skin, or stronger immune systems so therefore would require less invasive pain care than white people. As a result, residents and medical students“made less accurate treatment recommendations” for Black patients, according to the study published in 2016. (33), (36)
https://dcs.megaphone.fm/BUR9394217103.mp3?key=94eb1fcb60725f0606b9cbac7e4a168f
Black children are also significantly less likely to receive pain medication for appendicitis compared to white children, according to a study published in the Journal of the American Medical Association Pediatrics in 2015. Only 12.2 percent of Black children were offered opioids, compared to 33.9 percent of white children. And when they described their pain as moderate, Black children were less likely to receive any pain medication at all.
CARL HART Ph.D., CONTRADICTING CDC ADVISER DR. ANDREW KOLODNY FALSE ASSERTION ON “OPIOID MEDICATIONS”
These misconceptions are ingrained in people at a young age, too. Researchers who askedBlack and white children to rate each other’s pain determined they’d adopted a“weak racial bias” by 7 years old and a“strong and reliable” bias by 10 years old.
A 2014 study asked participants to select whether they associated superhuman characteristics, including skin capable of withstanding the burn of hot coals and the ability to suppress hunger and thirst, with Black or white people. Results, published in Social Psychological and Personality Science, showed white participants typically“superhumanized” and attributed power capacities to Black people in order to justify beliefs that they’re inherently more resilient when hurt. Something, Trawalter says, is the result of the dehumanization of the Black community.
RESEARCH BIAS IN MEDICAL SCIENCE SUCH AS REPORTED IN NEW YORK TIMES DECEMBER 5, 2019 BECOMES ACCEPTED SCIENCE WHEN BLACK MEDICAL ORGANIZATIONS FAIL TO PUSH BACK
One of the most troubling examples of research bias appeared on December 5, 2019, New York Times on ” A Rare Case Where Racial Biases,’ Protected African-Americans.
A ‘Rare Case Where Racial Biases’ Protected African-Americans
Fewer opioid prescriptions meant fewer deaths (possibly 14,000), but the episode also reveals how prevalent and harmful stereotypes can be, even if implicit.
By Austin Frakt and Toni Monkovic
- Published Nov. 25, 2019
Updated Dec. 2, 2019
When the opioid crisis began to escalate some 20 years ago, many African-Americans had a layer of protection against it.
But that protection didn’t come from the effectiveness of the American medical system. Instead, researchers believe, it came from racial stereotypes embedded within that system.
As unlikely as it may seem, these negative stereotypes appear to have shielded many African-Americans from fatal prescription opioid overdoses. This is not a new finding. But for the first time an analysis has put a number behind it, projecting that around 14,000 black Americans would have diedhad their mortality rates related to prescription opioids been equivalent to that of white Americans.
Starting in the 1990s, new prescription opioids were marketed more aggressively in white rural areas, where pain drug prescriptions were already high. African-Americans received fewer opioid prescriptions, some researchers think, because doctors believed, contrary to fact, that black people 1) were more likely to become addicted to the drugs 2) would be more likely to sell the drugs and 3) had a higher pain threshold than white people because they were biologically different.
A fourth possibility is that some white doctors were more empathetic to the pain of people who were like them, and less empathetic to those who weren’t. Some of this bias “can be unconscious,” said Dr. Andrew Kolodny, a director of opioid policy research at Brandeis University.
This accidental benefit for African-Americans is far outweighed by the long history of harm they have endured from inferior health care, including infamous episodes like the Tuskegee study. And it doesn’t remedy the way damaging stereotypes continue to influence aspects of medical practice today. “The reason to study this further is twofold,” Dr. Kolodny said. “It’s easy to imagine the harm that could come to blacks in the future, and we need to know what went wrong with whites, and how they were left exposed” to overprescribing.
The prescription-opioid-related mortality rates of black and white Americans were relatively similar two decades ago, but researchers found that by 2010, the rate was two times higher for whites than for African-Americans.
Because African-Americans were less likely to receive those prescriptions, they were less likely to become addicted — though they were more likely to endure unnecessary and excruciating pain for illnesses like cancer.
The researchers, Monica Alexander, a statistician with the University of Toronto; Mathew Kiang, an epidemiologist at Stanford; and Magali Barbieri, a demographer at the University of California, Berkeley; published their study in the journal Epidemiology.
With additional analysis at The Upshot’s request, Mr. Kiang calculated that had the African-American population’s mortality rates caused by prescription opioids been equivalent to those of whites, black Americans would have experienced 14,124 additional deaths from 1999 to 2017.
It’s a counterfactual analysis that relies on some large assumptions. Among other things, the projection assumes that the public health and medical response to the epidemic would have remained the same even if the African-American mortality rate had been higher. And it doesn’t take into consideration any potential changes in overdoses from heroin and fentanyl had African-Americans had greater access to prescription opioids. Still, Mr. Kiang found the results “fairly remarkable in at least two ways.”
“First, it’s a good example of how more medical care is not necessarily a good thing,” he said. “Second, it’s an extremely rare case where racial biases actually protected the population being discriminated against.”
A crackdown in recent years has reduced opioid prescribing over all, “and the racial/ethnic gap in opioid prescribing has narrowed,” said Mr. Kiang, but he said it was unclear whether the gap had closed entirely.
In recent years, drug overdoses have risen sharply among black Americans, particularly among older heroin users in places where fentanyl has become widespread. One reason that the death rates from heroin and fentanyl have converged between black and white people may be simple: Heroin and fentanyl are readily available outside the health system, so they’re less affected by bias within it.
The public response to drug epidemics also tends to diverge along racial lines. During the crack epidemic, there was a greater emphasis on punishment and incarceration. With the opioid crisis primarily affecting white people, there has been more emphasis on empathy and rehabilitation. (This same disparity was seen in crack versus powder cocaine.) Race played an obvious role in the policy response, Dr. Kolodny said: “From ‘Arrest our way out of it’ to, ‘It’s a disease.’”
The response to drug epidemics also cuts along class lines, said Dr. M. Norman Oliver, Virginia’s health commissioner. “At the beginning, the opioid epidemic was centered in rural Appalachia, and as long as it involved poor rural whites, it did not get much attention,” he said. “When those prescription opioids hit the more affluent white suburbs around big cities, that’s when people started paying attention.”
Race-based physiological myths have long influenced medical practice, he said. Even today, some doctors believe that African-Americans are more tolerant of pain. One study found that relative to other racial groups, physicians are twice as likely to underestimate black patients’ pain.
Several years ago, researchers at the University of Virginia, including Dr. Oliver, probed the beliefs of 222 white medical students and residents and published results in the Proceedings of the National Academy of Science. Half held false physiological beliefs about African-Americans. Nearly 60 percent thought their skins were thicker, and 12 percent thought their nerve endings were less sensitive than those of white people.
The medical students and residents who endorsed false beliefs like these were more likely to rate the pain of a black patient as less severe than that of an otherwise identical white patient and less likely to recommend treating black patients’ pain.
Other studies show that physicians, white ones in particular, implicitly prefer white patients, falsely viewing them as more intelligent and more likely to follow professional advice.
In 2013, the American Medical Association — the largest medical association in the United States — published a review of the relationship between pain and ethnicity in its Journal of Ethics. It concluded that variations in treatment stem in part from racial misconceptions about heightened pain tolerance among African-Americans and from the (false) notion that blacks and Hispanics are more likely than whites to abuse drugs.
In turn, nonwhite patients receive less pain treatment, just as there are discrepancies in how they are treated for illnesses like heart disease, cancer, diabetes and kidney disease, and differences in care that contribute to high maternal mortality rates.
Dr. Oliver said the bias problem in medicine was “not intractable — I’m actually hopeful that we can change the way people think.”
He is African-American and said he was old enough to remember when racism was commonly overt and direct. “It’s primarily unconscious biases today,” he said, but he didn’t want to minimize those biases either. “They can lead to death.”
It’s a bias that is overwhelmingly harmful to minority patients, even as it may have spared some from the worst outcomes of the early opioid epidemic. (34)
_____________________________________________________
THE CDC AND NIH GUIDELINES ARE WRONG, CORRUPT AND REPRESENT A BROAD MISCLASSIFICATION OF NARCOTIC ANALGESIC MEDICATIONS
There is absolutely no amount of prejudice, that can be justified, in any form of medical care treatment to support racism. Andrew Kolodny MD, has worked as an adviser to DEA, NIH, CDC, and has testified numerous times before the United States House and Senate. Dr. Kolodny’s opinions have shaped United States drug policy as well that found in academia, however, they are seriously flawed.
Dr. Kolodny’s thinkings allow for the withholding and or the denial of medical care, based upon a preconceived racial bias, supported by a foundation of erroneous science. The assertions and conclusions drawn by Dr. Andrew Kolodny and those who conducted this research are seriously flawed and further demonstrates how bias undermines healthcare for all Black people. These misconceptions are ingrained in people at a young age, too, according to Dore, Hoffman, Trawalter et. al., Researchers who asked black and white children to rate each other’s pain determined they’d adopted a“weak racial bias” by 7 years old and a“strong and reliable” bias by 10 years old. (37)
Yet, more disturbingly, there has been very little push-back from Black professional medical organizations, academia, journalist, and media debunking these medical stereotypes Dr. Andrew Kolodny et al., have been promoting. The utter silence upon those who profess to represent the concerns of people of color further highlights the saying “when one is not present at the table then one is on the menu.”
THE WHITENESS IN THE “OPIOIDS CRISIS SCANDAL” AND WHY CONGRESS MUST END THE MISSION OF THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
America’s War on Drugs has played a profound role in reinforcing racial hierarchies. Although Black Americans are no more likely than Whites to use illicit drugs, they are 6–10 times more likely to be incarcerated for drug offenses. Helena B. Hansen, an assistant professor in the Department of Psychiatry at New York University, examines the recent history of White opioids to show how a very different system for responding to the drug use of Whites has emerged, in which addiction is treated primarily as a biomedical disease. Meanwhile, more punitive systems that govern the drug use of people of color have remained intact. At this seminar, Dr. Hansen argues that public concern about White opioid deaths creates an opportunity to reorient U.S. drug policy toward public health for all—and make proven harm reduction strategies widely available.
UNDERSTANDING MULTIMODAL THERAPIES IN RE-EVALUATING PAIN MANAGEMENT AND RACIAL BIAS AND DISCRIMINATION IN PAIN TREATMENT A WORLDWIDE PHENOMENA
The development of tolerance, the potential for abuse and misuse, and a lack of understanding as to the indications for use all contribute to physician angst. Over the last 2 decades, changing perspectives in the U.S. regarding narcotic analgesic medications, {“opioids”} along with synergistic drug combinations such as Cox inhibitors, benzodiazepines, tricyclic antidepressant prescriptions, {so called “cocktails”} have followed advances in basic science, as well as hard-learned clinical experience. (17),(25)
Due to the complexity of pain, such as Nociceptive Pain, Inflammatory Pain, Neuropathic Pain, etc., patients are often prescribed multiple analgesic drug classes resulting in multiple oral dosages a day. Accordingly, ” If one can stop or reduce peripheral sensitization, (outside pain) then one can stop or reduce central sensitization (central pain) to and from the spinal cord and brain.” The World Health Organization, reported in 2003 “complexity of regimen” is 1 of 4 reasons for non-compliance,” these are the challenges of Pain Management. (25)
Pain management, “is a specialty that is treated by in large by General Practitioners, Dentistry, and Pharmacist on the frontlines, and Education is warranted.” (25)
DEA: THE GOVERNMENTS MOBSTERS
THE INTERSECTIONALITY OF COMPLACENT BEHAVIOR IN MEDICINE
This article examines the intersectionality of conflict between Medical-Healthcare practitioners such as physicians, dentists, pharmacists, and Federal Drug Law Enforcement which has fostered a culture of sidestepping the Constitution and the failure to protect human rights. We further explore the intersectionality of how law and color caste (race) operates and troubling aspects of the dehumanization of patients’ health care, practitioners’ diagnosis, and medical science by DEA/DOJ. More specifically, how professional organizations, journalists, political leaders have been complacent, while the distribution of power has become unequal; what we have ignored we are enabling, and have permitted. (4),(4a)
THE DEA HAS BEEN GIVEN PERMISSION TO INVESTIGATE PEOPLE PROTESTING GEORGE FLOYD’S DEATH
So the War on Drugs in America has been one high hoax, at its inception. The agency was formed on a fraudulent narrative to undermine black intellectual leadership and liberal-minded progressive sympathetic white folks. The DEA was tasked with classifying drugs and establishing controls on them. DEA’s mission is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations involved in the growing of marijuana.
DOJ/DEA has instead ignored scientific evidence and blocked research into the medical benefits of certain drugs, including marijuana. While Black pharmacies are targeted as if they are the initiator of diversionary practices. We as Pharmacists, Dentist challenge the DEA and DOJ by changing our expectations and beliefs about our God-given talents about ourselves, with no limitation to exist on this planet as human beings.
Jack Folson:
”The Government attacks your ability to generate income until you succumb to their criminal activity “
The DEA has acted as an unregulated medical agency policing medical facilities and medical practices without legal standards and grounds and the DEA Administration Court System body, which operates within the Department of Justice (DOJ), like a runaway unconstitutionally entity, and immune to all laws of governance to all courts within the Justice System. (26)
Most importantly the entire premise of the Opioid Epidemic to which the American Government has wasted billions, and billions of dollars have rested upon seriously flawed foundations and whose pathophysiology fails to sync with science.
!. How many years has Pain an Anxiety been around?
2. How many years has the DEA been around?
3. How does one legislate Pain and Anxiety?
The DEA and the DOJ have concocted their own reality based on Junk science and so-called experts lacking in the various discipline aiding an abetting in DEA’s fictitious reality resulting in undermining medical treatment and contributing to enormous disparities in the delivery of healthcare to the populations in need of treatment. Notwithstanding their nefarious actions has defrauded the American taxpayer out of billions of dollars (8) (9)
THE DEA COURTS OF INJUSTICE
The DEA operates a separate corrupt judicial tribunal system that has gone unregulated and avoided the scrutiny of the Congress of the United States.
This is in reality why Walmart et al (amicus curiae)have filed preemptive strike briefs COMPLAINT FOR DECLARATORY RELIEF against both DOJ/ DEA because it fears disruption of commerce, it fears extortion injustice, it fears injury to its brand, their legal counsels’ know it must thwart the corrupt actions of the DEA kangaroo tribunals in which the pathology of diseases, disease states will never take the stand and the physician-patient relationships (healthcare practitioners) becomes eviscerated in support of the ill-gotten gains of DEA and DOJ. (18),(20),(21)
WHY WALMART FILED A PREEMPTIVE STRIKE AGAINST DEA/DOJ AND WHY WALMART WILL WIN
” In its Complaint, Walmart Inc. (“Walmart”) explained why it, and the pharmacy industry more broadly, needs declaratory relief clarifying the scope of its obligations under the Controlled Substances Act (“CSA”) and its regulations. The Drug Enforcement Administration (“DEA”) and its parent agency, the Department of Justice (“DOJ”), are seeking to distract from their own failures in combating the opioid crisis by shifting responsibility to pharmacists who fill prescriptions issued by state-licensed and DEA-registered doctors.” (18),(20),(21)
“THERE IS AND ILLEGAL NON MEDICAL DRUG ABUSE IN HEROIN AND NON-MEDICAL FENTANYL BUT THE GOVERNMENT IS TARGETING HEALTHCARE LEGAL PRESCRIBING.“
” Unsupported by statute or regulation, Defendants have invented a slew of purported obligations, all driving toward their broader position that pharmacists and pharmacies must rigorously second-guess doctors’ judgments before filling their prescriptions. At the same time, pharmacists and pharmacies face conflicting guidance and legal risk from state regulators, doctors, and patients who strenuously object to what they view as an invasion of the doctor-patient relationship and unauthorized practice of medicine.” (18) (31) (32)
DEA USED TO TARGET AND DISRUPTED PROTESTORS OF GEORGE FLOYD DEATH AND OPERATING OUTSIDE THE SCOPE OF THEIR MISSION
According to Frank Figliuzzi, former Assistant Director for Counterintelligence at the Federal Bureau of Investigation states:
”We are in trouble the DEA has been given permission investigate people protesting George Floyd’s death” (HEAR BELOW VIDEO FRANK FIGLIUZZI/XM-127- STEPHANIE MILLER SHOW)
FORMER FBI INTELL EXPOSES DEA BEING USED SPY ON PROTESTORS
As reported by Buzz Feed News:
“The Justice Department gave the agency the temporary power to enforce any federal crime committed as a result of the protests over the death of George Floyd”
https://www.buzzfeednews.com/article/jasonleopold/george-floyd-police-brutality-protests-government
Pain Management: A Fundamental Human Right
DEA’S PAIN FRAUD SCAM: THE BRENNAN, CARR REPORT et al, 2007
Frank Brennan, Dan Carr, and Michael Cousins et. al., ” provide us with a treatise on the consequences and causes of neglect of pain in medicine. The bioethical principle of justice, seeking the equitable distribution of health care, is the greatest challenge to inadequate pain management worldwide. However admirable the ideal of pain management as a universal human right, the reality is a world in which massive resource discrepancies preclude the fulfillment of such a right (6)(93). Thus, unequal access to pain relief is but one example of the broader problem of health disparities that arise due to inequities of socio-economic status or from membership in a minority racial or ethnic group.”(6),(29)
https://dcs.megaphone.fm/BUR9394217103.mp3?key=94eb1fcb60725f0606b9cbac7e4a168f
” Unfortunately, the law has not moved all in one direction. In fact, after some promising developments in 2001 and early 2003, the Drug Enforcement Administration (DEA) took steps backward by withdrawing the consensus document described by Brennan et al. and issuing policy statements that went in the opposite direction. Even the National Association of Attorneys General expressed concern that “state and federal policies are diverging with respect to the relative emphasis on ensuring the availability of prescription pain mediations to those who need them.” (28)
Human Right Watch” Magazine writes:
Human Rights Watch investigated parallel construction from April 2016 to October 2017 using interviews, court records, documents disclosed by the government, and media reports. In this report we detail how the practice:
- ” Is a technique that, the evidence suggests, is employed frequently and possibly even daily;
- Has roots in strained and untested government interpretations of US Supreme Court and other cases—cases that in fact have never explicitly provided a license for officials to deliberately avoid telling defendants the truth about investigative methods in order to conceal practices that might raise legal concerns;
- May be employed by a range of federal agencies responsible for investigating suspected violations of criminal and immigration law;
- In particular, is employed by a part of the Drug Enforcement Administration (“DEA”) known as the Special Operations Division (“SOD”), at least part of which has been nicknamed “the Dark Side” and which the evidence suggests is responsible for passing tips to various law enforcement bodies with the expectation that those tips will not be revealed in court;
- Regularly relies on pretextual stops and searches of vehicles—an exercise of police powers that is sometimes known as a “wall stop” or “whisper stop” and that risks becoming unlawfully coercive;”
An investigation by the Justice Department’s Office of the Inspector General regarding “the DEA’s use of administrative subpoenas to obtain broad collections of data or information,” including “the use of ‘parallel construction’ or other techniques to protect the confidentiality of these programs,” remained ongoing the time of writing. (28)
DEA’S CAMPAIGN OF TYRANNY TO CONTROL THE FIELD OF MEDICINE OF YOUR THRU FEAR AND INTIMIDATION HOW DID WE GET HERE???
The United States Justice Department along with the Us Drug Enforcement Administration has created a slippery slope of analysts to justify moving in under public health threat, probable cause a simple close examination of the Order to Show Cause (OTSC) or record shows no the warrants to be Fraud defected. The question becomes how is it they been able to get away with this for so long. (28)
Prosecution of Physicians for Opioid Prescribing
According to Brennan, Carr, and Cousins et al, July 2007 article:
” Early in the present decade, two important developments occurred in the United States. First, concern about diversion and illicit use of prescription opioids increased as instances of OxyContin misuse and abuse (some fatal) became more common. Second, a consensus emerged between pain clinicians and opioid regulators that the twin public policies of adequate pain management and restriction of illicit opioid use should be pursued concurrently and with mutual respect. This “doctrine of balance” reached its high watermark in August 2004, when the DEA posted a series of frequently asked questions (FAQs) and answers about the use of medications, particularly opioids, in pain management, on its website. ” (6)
“These FAQs were prepared by a blue-ribbon panel of clinicians and regulators. Three months later, concurrent with its prosecution of a physician for an inappropriate opioid prescription, the DEA abruptly withdrew its support for this consensus statement and removed the FAQs from its website. To pain clinicians, a major inconsistency had emerged between best clinical practice and the potential for regulatory scrutiny and prosecution for opioid prescription.” (6)
“After years of reassurance by the DEA that legitimate, appropriate opioid prescription would not attract liability, its 2004 actions had a chilling effect. In late 2006 the DEA made a concession to clinicians’ anxieties (and fears by their patients of decreased access to medications) by proposing to amend its regulations to allow physicians to provide patients with multiple prescriptions of the same schedule II (controlled) substance to be filled sequentially to provide up to a 90-day supply. As of early 2007, the FAQs have not been re-posted and the physician in question remains imprisoned. This and other, less well-known prosecutions of physicians who prescribed unusually large quantities of opioids suggest inconsistencies between the educational efforts of some government agencies to encourage the appropriate prescribing of pain medications, and prosecution by other agencies of physicians who do so.”(6)
Most opioid-related deaths involve illicit substances, such as heroin and fentanyl. overdose deaths related to prescription opioids have both declined significantly in recent years. Nevertheless, the federal government has committed to further restricting the availability of
To that end, the Department of Justice (DOJ) has implemented an aggressive effort to ASAM’s affiliate, the Tennessee Society of Addiction Medicine physicians have been charged with a crime. prescription opioid medication. shut down rogue prescribers and pharmacists.
raided, searched, and investigated a past president of the American Academy of Pain Medicine (AAPM), the editor-in-chief of the Practical Pain Management medical journal, the immediate past president of the American Society of Addiction Medicine (ASAM), and a past president of
The fear of DEA action, in particular, may lead doctors to avoid patients with chronic pain (although there is more to that avoidance than concerns about the DEA) and may steer those who do treat chronic pain patients with controlled substances to undertreat their pain. However, the practice management techniques described in the medical board guidelines will help to reduce those risks considerably. (6)
” AND THE LORD INSTRUCTED PAUL, DO NOT BE AFRAID, KEEP ON SPEAKING, FOR I AM WITH YOU”
AMERICAN MEDICAL ASSOCIATION AFFIRMED CDC NARCOTIC ANALGESIC AND ANXIETY GUIDELINES TO BE INCORRECT
Addiction, Abuse, and Misuse
The distinction between tolerance and addiction should be emphasized; most opioid-tolerant patients do not exhibit signs of addiction. Once again, individual variability characterizes the development of addiction, making outcome prediction difficult [3], but some features are associated with increased risk for addiction: increasing dose requirement, younger age, preexisting mental health disorders, and prior substance abuse [4]. Significantly, aberrant behaviors have been observed in nearly a quarter of patients taking opioids for noncancer low back pain in the U.S. [5]. The current widespread use of opioids for chronic noncancer pain created a need for vigilance in identifying patients who are abusing (unlawful use or use despite harm to the user) or misusing (use other than as prescribed) opioid medication. (17)
NIH STUDY 2017: WHITE OPIOIDS, PHARMACEUTICAL RACE AND THE WAR ON DRUGS THAT WASN’T
According to White opioids: Pharmaceutical race and the war on drugs that wasn’t Julie Netherland and Helena Hansen 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.”
” Lassiter notes that, when the Rockefeller Drug Laws instituted harsh mandatory minimums, White (dominant caste) suburban youth found themselves facing significant jail time for low-level marijuana possession. Parents of white suburban youth banded together to create policy changes that exempted marijuana from the Rockefeller Drug Laws, essentially decriminalizing low-level possession in some jurisdictions. This was possible, in part, because of the racial dynamics and the portrayal of White youth (dominant caste) as sympathetic victims of the organized narcotics trade. “(4)
CHAPTER – 2
“AND WHO CONTROLS THE NARRATIVE“
****************************************************
UNITED STATES SURGEON GENERAL JEROME ADAMS AND HIS BROTHER: SO WHY IS PHILLIP IN PRISON AND NOT IN TREATMENT???
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)
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 EPIDEMICvideo from their series outline treatment:
ADDICTION TREATMENT IS FORA LIFETIME
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.
ADDICTION AND DRUG DEPENDENCY ARE MEDICAL PUBLIC HEALTH ISSUES NOT CRIMINAL ISSUES WE NEED TO ADHERE TO THIS NEW THSES PRACTICAL SENSE ON POLICIES N FOR THE WAR ON DRUGS IS OVER.
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.
- 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)
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?
“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.
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 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.
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.
UNDERSTANDING THE RACIAL ASPECTS OF THE OPIUM WARS ON CHINA
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.
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.
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)
” 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 marijuanaand 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.”
CHAPTER – 3
“THE DEPARTMENT OF JUSTICE FRAUDULENT PROSECUTIONS”
****************************************************
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 the 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)
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:
” 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 flags, let 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
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”
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 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.”
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.
extra:
DEA Agents Participated in The Capitol January 6, insurrection, Why has Home Land Security and Judiciary Committees In Congress been reluctant Investigating these acts (see video of agent on Fox News and his brother is FBI)
-March 3, 2021
“On Wednesday, Reuters reported that a federal Drug Enforcement Administration agent who joined the crowd outside the Capitol during the violent invasion on January 6th has been suspended pending investigation — the first such probe into a federal officer.”
https://share.smartnews.com/VP5o
FOR NOW, YOU ARE
WITHIN THE NORMS
LISTEN TO WBOK 1230 AM
ENDNOTES
- https://harpers.org/archive/2016/04/legalize-it-all/
- 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/
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.
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.
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.
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- Cited Here |
- PubMed | CrossRef
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
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”
11.
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
15. https://www.youtube.com/watch?v=GnMmvbxiexo
17. https://journalofethics.ama-assn.org/article/long-term-opioid-treatment/2013-05
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
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.
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
32. https://www.wsj.com/articles/walmarts-opioid-whipsaw-11604012110?reflink=share_mobilewebshare
33. http://a.msn.com/05/en-us/BB1dYq0X?ocid=se
34. Austin Frakt is director of the Partnered Evidence-Based Policy Resource Center at the V.A. Boston Healthcare System; associate professor with Boston University’s School of Public Health; and adjunct associate professor with the Harvard T.H. Chan School of Public Health. He blogs at The Incidental Economist. @afrakt
Toni Monkovic is an editor for The Upshot, based in New York. He joined The Times in 2000. He was previously the copy desk chief for the sports department and created and managed the Fifth Down, a statistics-based Times football blog. @MonkovicNYT
35. America’s War on Drugs has played a profound role in reinforcing racial hierarchies. Although Black Americans are no more likely than Whites to use illicit drugs, they are 6–10 times more likely to be incarcerated for drug offenses. Helena B. Hansen, an assistant professor in the Department of Psychiatry at New York University, examines the recent history of White opioids to show how a very different system for responding to the drug use of Whites has emerged, in which addiction is treated primarily as a biomedical disease. Meanwhile, more punitive systems that govern the drug use of people of color have remained intact. At this seminar, Dr. Hansen argues that public concern about White opioid deaths creates an opportunity to reorient U.S. drug policy toward public health for all—and make proven harm reduction strategies widely available.
36. https://www.pnas.org/content/113/16/4296
37. Dr. Andrew Kolodny is the Medical Director of Opioid Policy Research at the Heller School for Social Policy and Management. His primary area of focus is the prescription opioid and heroin crisis devastating families and communities across the country. He is also the executive director of Physicians for Responsible Opioid Prescribing, an organization with a mission to reduce morbidity and mortality caused by overprescribing opioid analgesics. He is an Adviser to the NIH, CDC, and FDA and has contributed many papers, and to Congress, Medical Boards, and Academic forums.
see: https://heller.brandeis.edu/facguide/person.html?emplid=fed1af017db070b94ce59c13714f1e7970a787ad
