from youarewithinthenorms.com
NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC., SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS, MD, PH.D., IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., M.B.A., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., IN THE SPIRIT OF LEROY BAYLOR, JAY K. JOSHI MD., MBA, AISHA GARDNER, 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
RED FLAG DEA SURVEILLANCE SYSTEM
This article, an excerpt from *Analysis and Review* published on February 21, 2021, argues that the DEA and DOJ are engaged in regulatory overreach by targeting pharmacies and physicians through the use of non-legal, subjective “red flags” rather than established statutory law. The DEA further alleges that the pharmacy engaged in illegal manufacturing by producing large quantities of narcotics in anticipation of demand rather than for specific, individualized patient needs.
Clinical Pharmacist Jack Folson submitted an Amicus Brief to forcefully challenge the Drug Enforcement Administration’s attempt to sanction Pronto Pharmacy, arguing that the agency’s actions represent an economic lynching of Black owned pharmacy businesses and demonstrate a profound misunderstanding of specialized medical care.
The Folson document systematically rebuts the DEA expert’s interpretation of common diversion “red flags” by explaining that issues like specialized high-dose prescriptions, cash payments, and patient travel distance are merely characteristics of everyday specialty practice in compounding and pain management.
The authors of *The Project North Star Group* contend that penalizing pharmacists for filling facially valid prescriptions—especially those serving minority-owned businesses or patients traveling long distances—constitutes prosecutorial abuse that undermines the doctor-patient relationship.
Folson’s central purpose is to prove that the DEA’s overreach and subsequent criminalization of pain management severely impede legitimate patient care and undermine the actual standard of pharmacy practice.
By prioritizing informal federal guidance over state mandates and constitutional protections, the government is accused of creating a systemic crisis that criminalizes legitimate medical care and violates the fundamental rights of healthcare providers and their patients.
THE DEA’S ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION AND THE ABUSE OF PHARMACISTS, PHYSICIANS, AND PATIENTS’ CONSTITUTIONAL RIGHTS
ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION
The DEA’s actions were based on information indicating that a crime had been committed. ORDER TO SHOW CAUSE AND IMMEDIATE SUSPENSION OF REGISTRATION indicated that “Patients Travelling Long Distances to Fill Prescriptions at Pronto Pharmacy”: DEA’s expert opined that it can be a red flag of abuse and diversion if a patient travels a significant distance to a specific pharmacy, especially if the patient also travels a considerable distance to a particular prescriber.
DEA’S PRONTO PHARMACY ILLEGAL MANUFACTURING
FOLSON’S POWERPOINT: THE LAW ITSELF DESTROYS DEA’S ILLEGAL MANUFACTURING ARGUMENT
DEA’s JOE RANNANZZI OVERREACH CALLED OUT BY LATE SENATOR ORRIN HATCH
In 2017 Former Utah Senator
This video is the game-changer that exposes the nature of DEA/DOJ abuses in targeting BLACK OWN PHARMACIES: Senator Hatch on DEA and Opioid Crisis and Abuse| C-SPAN.org
https://www.c-span.org/video/?435395-3/senator-hatch-dea-opioid-crisis
The facts to support parable cause cannot be justified by mere suspicion, “DEA’s expert opined that it can be a red flag of abuse” this cannot support an express intent that a crime was afoot. Thus, it cannot establish probable cause.
THE PROJECT NORTH STAR GROUP FOUND: The show cause to support suspension lacks sufficient evidence to support a criminal act
The show cause to support suspension lacks sufficient evidence to support that a criminal act was afoot. The facts one traveled a significant distance to obtain and fill prescriptions are a legal action under the law. Assuming the doctor is licensed to practice in his/her or her state and also has a valid DEA number, does not constitute a crime? The controlled substance prescription written can be filled in any state.
In this matter, the knowledge that a crime was committed was based on DEA’s expert opined that it can be a red flag of abuse and diversion. Whereby no statutory elements support any police actions to make an arrest or to secure a warrant.
As Walmart pointed out when they sued the Department of Justice and the DEA:
”We are bringing this lawsuit because there is no federal law requiring pharmacists to interfere in the doctor-patient relationship to the degree DOJ is demanding, and in fact, expert federal and state health agencies routinely say it is not allowed and potentially harmful to patients with legitimate medical needs.” (5)
Red Flags and the Regulatory Assault on Pharmacy Practice
According to Michael Kraus, a law professor at George Mason University wrote in The Wall Street Journal, December 27., 2020 Opinion Page “Case Against Walmart Mocks Justice.”
“Alcohol sales to adults are legal in all 50 states, and some substantial percentage of legally purchased alcohol is consumed by alcoholics, to their and society’s detriment. Imagine a federal lawsuit against a grocery chain for selling beer to adults without protecting alcoholics from buying it. Such a case would be groundless: No federal law limits beer sales to adults in this way.
The Justice Department last week announced a similarly groundless civil suit against Walmart. The complaint alleges that the chain’s 5,000-plus pharmacies fueled the opioid crisis by “unlawfully” filling prescriptions.
Like the hypothetical beer case, this case against Walmart mocks the rule of law. State laws require pharmacists to fill prescriptions that have been validly written by qualified medical practitioners. Pharmacists lack the expertise to second-guess doctors’ judgments about the appropriate necessity of a medication and the proper dosing for a particular patient. To write a prescription for a controlled substance—which includes all opioids—a physician must be qualified by the Drug Enforcement Administration, and Walmart complies with that federal rule.
Under the Constitution’s Supremacy Clause, when there’s a contradiction between valid federal and state law, the former prevails. But there’s no federal law requiring that Walmart pharmacists refuse to fill prescriptions that state law requires them to fill. The Controlled Substances Act creates only two circumstances in which pharmacists commit a federal crime by filling facially valid prescriptions for controlled substances.”
First, if they “knowingly fill” a prescription that wasn’t issued by a doctor “in the usual course of professional treatment”—for instance, if a doctor hands out his entire Rx pad without examining any patient. Second, if they fill a prescription outside the “usual course of” pharmacy practice—for instance, if a “pill mill” dispenses opioids without checking the DEA number of the prescribing doctor. Not only isn’t Walmart being sued for such infractions; it has adopted innovative opioid-stewardship programs and worked with law enforcement agencies including the DEA to root out corrupt doctors.
“WE ARE PHARMACISTS NOT DRUG DEALERS”
“When Walmart pharmacists have hesitated to fill legally written opioid prescriptions, they have often been subjected to state sanctions. The president of the Texas Medical Board threatened to issue “cease and desist orders” against pharmacists who “change amounts of opioids prescribed” or “override” a physician’s judgment, on grounds that doing so constitutes practicing medicine without a license.
Wisconsin’s Board of Pharmacy threatened disciplinary action against a Walmart pharmacy because it “informed a local clinic that the Pharmacy would no longer fill controlled substance prescriptions from that clinic due to concerns of overprescribing.” Complaints against Walmart and its pharmacists for refusing to fill opioid prescriptions have been filed with or pursued by pharmacy boards in Alaska, Arkansas, Colorado, Idaho, Kansas, Maryland, Missouri, New Hampshire, Ohio, Oregon, Pennsylvania, Tennessee, and West Virginia.”
“The Justice Department alleges Walmart isn’t rigorous enough in checking facially valid opioid prescriptions written by DEA-authorized physicians. If this is a problem, let the DEA propose specific regulations requiring pharmacies to conduct increased diligence before filling any opioid prescription. Before being adopted, costs and benefits of such regulations would be subjected to public scrutiny. These rules would require pharmacies to violate state law, and if adopted they would be enforceable under the Supremacy Clause. Until this happens, it’s a travesty to blame Walmart for complying with state law.” (1),(6)
The DEA must acknowledge that it is not a crime to drive a significant distance for cancer treatment. In this matter, the DEA expressed its own views on what constitutes a criminal act. Through argumentation, they can present their own points of view, grounded in their individual reasons and experiences.
Yet in this agency, there were no medical examinations of any member of the public who drives many miles to seek treatment, to support a criminal act, being a red flag is police culture terminology. This act must fear us all, as it can give the government grounds to suspend the basic fundamental right to freedom of movement by requiring many miles to seek care.
Again, the DEA expressed that numerous red flags were highly indicative of abuse and diversion. What elements of a red flag support the statutory elements of probable cause? An opinion act that ‘red flags’ result in pharmacists acting in the usual course of professional practice is more of an abstract of the laws than the actual practice of the law.
DOJ CRIMINALIZATION OF VALID PAIN PRESCRIPTIONS
The Editorial Board of the Wall Street Journal pointed out in their December 29, 2020 article The Scapegoat of Walmart, “THE FEDS SEEKS BILLIONS IN PENALTIES FOR FILLING VALID OPOID PRESCRIPTION:
“The DOJ complaint against Walmart Pharmacy 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.
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.
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.” (7) Such actions by DOJ represent pure unadulterated, prosecutorial abuse.
BY
Writer, Peter Pischke, reported in his February 07, 2021, article, The Post Millennial,
PETER PISCHKE PRINCIPLES
Pischke is an independent journalist focused on health and disability during the day and entertainment and gaming at night. A longtime mega otaku and host of CultureScape on YouTube and Spotify. @happywarriorp on Twitter. Independent Journalist, Disability & Health Reporter, Host of CultureScape
” In the Trump era, things got bad enough. Recent studies examining Medicare found many patients had been abruptly discontinued. Another study found that nearly half of general practices now outright refuse to take on the care of a pain patient. The power of decision-making regarding prescribing got removed from your doctor and given to the state...
But under the leadership of the Biden administration, what was unofficial playing at the margins, is becoming law. The DEA is planning to create a program that entirely ignores everyone’s HIPPA privacy protections. In the face of evidence that proves prohibition doesn’t work (shocker), politicians like Sen. Elizabeth Warren are demanding even more regulation, and President Joe Biden, the genie for the far left, is likely to obey.
“ At heart the opioid crisis is a black swan of interconnecting unholy incentives to screw American patients over. The crisis was born from the multi-billion-dollar effort by “big litigation” and its allies; to find a new milk cow after the easy cash in big tobacco went dry. In turn, “big lawyer” pays the media for coverage, who are all too happy to gorge themselves on the drama.
For law enforcement: the crisis represents a chance to fill their coffers (the DEA is dependent on asset forfeiture), hoping to prove to the politicians and the public their usefulness in a world that is more accommodating to drug use and much harder to catch drug dealers.
Opioids have become, for our elite members, a way to prove their righteousness and make a name for themselves. And the system is willing to oblige, regardlessof whatever the law says.”
It is a fact. Every autopsy analysis, yearly drug review, and substance abuse study confirms it. Drug use in the US did not significantly increase in the last decade, as much as the substances they were taking got more lethal. A massive change was caused unintentionally by the geniuses at the FDA.
Pronto Pharmacy routinely dispensed high doses of oxycodone along with high doses of benzodiazepines to the same patient. There is no criminal element to fill a legitimate prescription prepared by the patient’s doctor. It doesn’t matter what the number of contacts constitutes a crime. What constitutional elements supported actions were, in fact, the DEA clearly stated this was an opinion which is known to the agency, but not supported by law.
D.E.A. and the Afghanistan Opium Trade ‘Propping Up the drug cartels‘
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Detailed Timeline
- Late 1960s – Early 1970s: The “cultural crucible” in America takes shape, characterized by the hippie movement’s rejection of materialism, challenge to authority, and search for truth through various countercultural expressions. This era emphasized peace, community, and expanded consciousness.
- 1974: Steve Jobs travels to India with a friend, intending to meet the spiritual teacher Neem Karoli Baba.
- Shortly After Jobs’s Arrival in India (1974): Neem Karoli Baba dies before Jobs and his friend can meet him. Despite this, Jobs remains in India, immersing himself in the ashram’s routine.
- During Jobs’s Time in India (1974): Jobs lives a stripped-down life, meditating, participating in communal living, and performing service. He adopts local customs, including wearing robes and shaving his head, and adapts to a more unhurried lifestyle. This ashram experience profoundly transforms him, deepening his appreciation for Zen-like simplicity, refining his intuition, and solidifying his belief in clarity over clutter in design and life.
- Decades After Jobs’s India Trip: Jobs’s experiences and philosophical leanings from his time in India significantly influence the design philosophy of Apple products. Minimalism becomes a core principle, not just an aesthetic choice, but a means to highlight what truly matters and make technology blend seamlessly into the background to empower human creativity.
- Present Day (or Near Present): Humanity faces an existential choice, symbolized by the Doomsday Clock being at “ninety seconds to midnight,” primarily due to the irreversible emergence of artificial general intelligence (AGI).
- Ongoing/Future Challenge: The critical question is whether AGI will be developed according to constitutional principles, ensuring human dignity, or if it will be dictated by the “whims of power and profit,” leading to “algorithmic feudalism.”
- Proposed Solution (Anand’s Perspective, influenced by Jobs): AI constitutional convergence is offered as a solution. This involves creating “constitutional architecture” for AGI systems, providing “mathematical proofs of constraint compliance” to guarantee “liberty-preserving behavior” regardless of the AI’s internal “consciousness.” This approach moves away from subjective beliefs about AI properties to verifiable behavior.
Cast of Characters
REFERENCES:
- FISHMAN INTERVIEWED BY BARBARA REYNOLDS 1993
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