The Controlled Substances Act as applied in this case is unconstitutionally vague. The first question presented as to vagueness as applied in this case is whether there are standards which give a medical doctor adequate notice that the Controlled Substances Act
Excerpts From The Martin Report:
A MASSIVE IGNORANCE OF PAIN CARE HOW THE CDC AND DEA-DOJ VAGUENESS POLICIES ARE USED TO REINFORCE CRIMINALITY
“We provide here a review of the evidence regarding long-term opioid use for chronic pain in order to:
a) better point public health efforts, and
b) reduce harm from consequent restriction of these medications for patients who have substantial benefit in their use.
“..one thing for sure we agree with Veleshi, that this Book, by Mindy McGinnis “Heroine,” nor must any Book ever be banned, even when those like us disagree with the narrative..”
The American crisis of opioid addiction and overdose compels our strongest efforts toward successful prevention and treatment.(1)(2)(3)
Recommendations from the Centers for Disease Control and Prevention (CDC) for chronic opioid use, however, move away from evidence, describing widespread hazards that are not supported by current literature.
This description, and its accompanying public commentary, are being used to create guidelines and state-wide policies.
These recommendations are in conflict with other independent appraisals of the evidence — or lack thereof — and conflate public health goals with individual medical care.
The CDC frames the recommendations as being for primary care clinicians and their individual patients.”
“Yet the threat of addiction largely comes from diverted prescription opioids, not from long-term use with a skilled prescriber in a longitudinal clinical relationship.
By not acknowledging the role of diversion — and instead focusing on individuals who report functional and pain benefit for their severe chronic pain — the CDC misses the target.”
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1. https://www.cato.org/sites/cato.org/files/pubs/pdf/pa545.pdf; The American Medical Association stated in a 1997 news release that 40 million Americans suffer from serious headache pain each year, 36 million from backaches, 24 million from muscle pains, and 20 million from neck pain. An additional 13 million suffer from intense, intractable, unrelenting pain not related to cancer. Most of those patients, the AMA warned, receive inadequate care because of barriers to pain treatment. A 2004 survey of the medical literature published in the Annals of Health Law found documented wide- spread undertreatment of pain among the ter- minally ill, cancer patients, nursing home resi- dents, the elderly, and chronic pain patients, as well as in emergency rooms, postoperative units, and intensive care units.
2.The DEA has set up a system of de facto discrimination through Cognitive Dissonance which encourages Pharmacists to profiling patients by the Processes of “RED FLAGGING.” The term Red Flag has no statutory meaning in the areas of pharmacy and or within the medical profession. Those pharmacists who merely question these DEA policies risk loss of employment and/or administrative sanctions. The DEA can impose these errant actions because they possess un-checked authority and weapons the ability to intimidate by seizings property and assets. That these DEA policies are applied so arbitrarily makes them discriminatory.
3.MSNBC’s Ali Velshi, presentation ignores the complexity of human biology, these guidelines risk undermining the well-being of millions who suffer from chronic pain.” and much like media offers up disinformation as to the tale of human circumstance.
FORMER U.S. MARSHALL MATHEW FOGG “THE D.E.A.’s WAR ON DOCTORS IS AND EXTENSION OF IT’S 50 YEAR WAR ON BLACK PEOPLE“
The degree of vagueness that the Constitution tolerates…depends in part on the nature of the enactment.” Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498 (1982).
Statutes that impose criminal penalties are subjected to a higher standard of certainty in their language than is applicable to other statutes. See, e.g., Kolender, 461 U.S. at 357; and Goguen, 415 U.S. at 574-75.
B. A statute deemed to be unconstitutionally vague as applied is void.
Even if a statute is not void for vagueness on its face, it can still be found void for vagueness if the charged conduct falls outside the scope of the statute’s stated prohibitions.
It is certainly appropriate for physicians and medical oversight boards to explore these types of questions.
However, for the following reasons, it is not appropriate for DEA to address these questions in the form of a guidance document (or to endorse such a guidance document prepared by others).
THE PROTECTION OF AMERICAN MEDCINE ACT
Executive Summary
The PAM Act was written by a collaborative team of advocates, pain patients, attorneys, pharmacists, and healthcare practitioners who have been indicted, imprisoned, and/or suffered life-threatening consequences because of regulatory overreach regarding the practice of medicine.
Those affected have provided a first-hand account of how they were targeted, attacked, indicted, and imprisoned.
They offered details on how their assets were seized/forfeited, in some cases without them ever being formally charged. Those very same assets, funds, and property were never returned to the rightful owners.
Objective
The goal of the PAM Act is to restore the practitioner-patient relationship, by creating an agency that will oversee and regulate the practice of medicine and return that practice to medical practitioners, eliminating the influence of law enforcement, specifically the DEA, permanently.
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REFERENCE:
THE TREE OF KNOWLEDGE CAN NOT BE SUPPRESS
Authors
Stephen Martin is a family physician and Associate Professor at the University of Massachusetts Medical School with a special interest in addiction and chronic pain; he is an education/research consultant to CleanSlate Addiction Treatment Centers. Ruth Potee is a family physician and addiction specialist. Andrew Lazris is an internist specializing in geriatric care and in evidence-based medicine. The authors declare no conflict of interest.
Corresponding author:
Stephen A. Martin, MD, EdM
University of Massachusetts Medical School
Barre Family Health Center
151 Worcester Road Barre, MA 01005
stmartin@gmail.com
The authors thank Bonny P. McClain MSc, of Data and Donuts for her graphical contributions.
THANK YOU MARTIN et al.
