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“IF EVER ONE THINKS THEY’RE TOO SMALL TO MAKE CHANGES, THEN THEY HAVE NEVER SLEPT WITH A MOSQUITO !!!”
NORMAN J CLEMENT RPH., D.D.S., NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., WALTER F. WRENN III., MD., JULIE KILLINGWORTH, LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., M.B.A., BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., M.B.A., ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
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The Department of justice’s D.E.A. office has claimed that pharmacies have ignored their legal duty to prevent the diversion of narcotic painkillers for illicit uses.
The Agents of the D.E.A. have deceived the courts to secure search administration warrants and Search Warrants. Within the State of Florida, the agents claim they raid Pharmacies to slow down the Opioid crisis within Florida.
This claim is so deceptive that it fails to document the facts that illegal fentanyl sales have increased. Also, in Florida, D.E.A. agents have been illegally employed by Drug Cartels. Has a combination of efforts caused the D.E.A. to be the gatekeeper and sub-recipients of drug sales into the United States?
Their efforts to undermine legal sales have promoted the sales of illegal sales. They have caused this by utilizing searches and seizures based on reasonable suspicion to remove all Class 2 medication and equipment.
The multidimensional levels of corrupted behavior have allowed the D.E.A. to view themselves as enforcers of justice.
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The Controlled Substances Act only criminalizes activities outside the usual course of a doctor’s professional practice.
In summary Justice Stephen Breyer wrote for the Court that prosecutors must prove that doctors knew they were illegally prescribing powerful pain drugs in violation of the federal Controlled Substances Act.
When Congress enacted the Controlled Substances Act, it recognized that many drugs and substances regulated under the statute “have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.” 21 U.S.C. § 801(1). Congress, therefore, established five schedules to classify drugs and substances based on their accepted medical use for treatment, the relative potential for abuse, and the likelihood of dependence if abused. S e id. § 812.
Scienter requirements advance fundamental principles of criminal law by helping courts “separate those who understand the wrongful nature of their act from those who do not.” Rehaif v. United States, 139 S. Ct. 2191, 2196 (2019) (internal quotation marks omitted).
Congress prohibited a doctor from “knowingly or intentionally” dispensing a controlled substance except as authorized by relevant provisions of the Controlled Substances Act. 21 U.S.C. § 841(a). violations of this provision may result in felony convictions. United States v. Moore, 423 U.S. 122, 134 (1975). Congress specifically criminalized “the diversion of drugs from legitimate to illegitimate channels,” id. at 135, recognizing that no doctor may knowingly act “as a drug pusher,” id. at 138 (internal quotation marks omitted).
But Congress did not prohibit doctors from prescribing controlled substances in good faith for legitimate medical purposes. Moreover, this Court recognized that Congress did not intend for the criminal provisions of the Controlled Substances to “impede legitimate research.”
Id. at 143. N r did Congress seek to deprive physicians of relying on their “reasonable discretion in treating patients and testing new theories” within the medical field. I.
This Court consequently held that the government may prosecute doctors under Section 841 only “when their activities fall outside the usual course of professional practice.” Id. at 124. The jury in Moore was properly instructed: a doctor cannot “be convicted if he merely made ‘an honest effort’ to prescribe [con- trolled substances] in compliance with an accepted standard of medical practice.” Id. at 142 n.20.
Relying on Moore, lower courts consistently have concluded: “that it is proper to instruct juries that a doctor should not be held criminally liable” under Section 841 “if the doctor acted in good faith” while prescribing controlled substances to treat patients. United States v. Hurwitz, 459 F.3d 463, 477 (4th Cir. 2006) (collecting cases). T is Court reaffirms that conclusion here.
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