DEA Orders Big Pharma Opioid Distributor to Shut Down Sales

DEA Orders Big Pharma Opioid Distributor to Shut Down Sales

For the first time in six years, the DEA has ordered a suspension on a pharmaceutical wholesaler, and it’s a Big Pharma opioid distributor- Morris & Dickson.

We now know that officials all over the country, both at the state and federal levels, are joining forces to go after Big Pharma companies for pushing powerful opioid painkillers that contributed to one of the greatest addiction outbreaks in American history. While not everyone agrees on the role prescription drugs played in the opioid crisis, many believe the questionable marketing and distribution practices is reason enough for real intervention.

Lawsuits against opioid makers are taking place all over the US, and distribution companies are finding themselves in the hot seat.

DEA vs Opioid Distributor

This latest news comes following an investigation into Morris & Dickson. Allegedly, the investigation uncovered evidence that the Big Pharma opioid distributor neglected to inform the DEA about large quantities of addiction painkillers being bought up by independent pharmacies.

This is a problem because, according to The Hill, reporting such information to the DEA is a requirement.

Back in October of 2017 the investigation into the opioid distributor out of Shreveport, Louisiana got kicked off after reports came in that Morris & Dickson had sold narcotics to five of the state’s top 10 drug-purchasing pharmacies, but never filed any suspicious activity reports in any of these cases. In a statement Friday, the Justice Department revealed that according to the DEA investigation, independent pharmacies were allowed to purchase six times the amount they would normally order from the opioid distributor.

For the record- pharmaceutical distributors like Morris & Dickson are legally required to report unusually large shipments of narcotics to the government as a safeguard against prescription medications from making their way to the illicit drug market. DEA Acting Administrator Robert W. Patterson said in a statement:

“Distributors have an obligation to ensure that all pharmaceutical controlled substances their customer’s order are for legitimate use, and it is their duty to identify, recognize and report suspicious orders to DEA,”

“This is another reminder that DEA will hold accountable those companies who choose to operate outside the law.”

The Big Pharma opioid distributor will have the chance to appeal the suspension during an administrative hearing.

Morrison & Dickson Fight Back

Let the record show that Morrison & Dickson are definitely not taking these charges sitting down. The opioid distributor has struck back against the suspension with a federal lawsuit. They adamantly hold that they will fight the suspension. Company president Paul M. Dickson released his own statement, saying:

“Sadly, in this case, the DEA has gotten it wrong. We would’ve proved that to them had they given us the chance.”

They already asked a judge last Thursday to overturn the DEA suspension. In the legal claim against the DEA order the opioid distributor states:

“Make no mistake—this is a life and death situation. Morris & Dickson services 30-40% of the hospital drug market in Louisiana and Texas alone. If Morris & Dickson cannot ship needed medications to these hospitals, these hospitals may face immediate drug shortages.”

The company president also maintains that the opioid distributor has already greatly reduced its circulation of opioids. Dickson emphasizes that the company provides medications that many patients do desparately need. He also acknowledges the devastation caused by the opioid crisis, saying:

“Everyone in the Morris & Dickson family has been touched by the opioid crisis. That’s why we’ve taken aggressive and effective voluntary measures against any potential opioid diversion from medical use. We have reduced our opioid distribution dramatically. And it’s why we’re so proud of our history of 177 years with no outside enforcement actions against us.”

At this point, only time will tell if the company will have to adhere to the suspension for much longer.

Some people argue that moves like this from the DEA are too aggressive or an over-reach. However, given the circumstances, this seems like a logical response. Looking at the massive shipments of Oxycodone and Hydrocodone, it seems like it shouldn’t be too much to ask they notify the DEA.

What is Next?

Big Pharma executives testified for Congress yesterday, answering questions about their role in the prescription drug problem. The Washington Post reports that this could be a defining moment for the opioid industry. Witnesses for the hearing included high ranking executives from:

  • Miami-Luken, INC
  • McKesson Corporation
  • Cardinal Health
  • AmerisourceBergen Corporation
  • HD Smith Wholesale Drug Company

During the hearing, Congressman Gregg Harper of Mississippi states:

“We have learned much from the investigation but still have many questions,”

“Why did the distributors repeatedly fail to report suspicious orders of opioids or exercise effective controls against diversion?”

He goes on to explain that the DEA identified opioid distributor companies as a key element to combating the diversion of drugs to the black market. He states that distributors have often claimed that they were too limited to properly address these issues, as they do not understand the whole scope as the DEA does. However, he argues that distributors do have a great deal of data collection, and should be aware of their impact.

According to Congressman Harper, distributors also frequently argue that they are simply providing a service. They do not control the demand, but simply offer the supply based on the prescriptions from physicians. This argument seems a bit of a cop-out, and almost sounds like something a street-level drug dealer would say.

The committee also adds that over the course of 6 years, opioid distributor companies filled the state of West Virginia with over 780 million Hydrocodone and Oxycodone pills, while 1,728 people in West Virginia fatally overdosed on those two painkillers.

In their opening statements, each Big Pharma distributor representative acknowledged the devastation of the epidemic. However, when asked by Chairman Harper if they believed their companies contributed to the opioid epidemic, except for the chairman of the board for Miami-Luken Dr. Robert E. Mastandrea, they all said no.

In fact, Dr. Mastandrea seemed to be the only one consistently willing to admit that Miami-Luken had made mistakes that helped create the opioid crisis.

While it will take time to determine the impact of these testimonies, one thing we can say now is that drug distribution companies are quickly finding themselves on the chopping block when it comes down to the efforts to curb prescription opioids abuse.

For now, a crucial part of fighting the opioid epidemic is going to be providing safe and effective addiction treatment. It may not be easy to put a stop to the spread of addiction, but there are programs that can help you break out of the cycle of drug and alcohol abuse. If you or someone you love is struggling, please call toll-free now. We want to help.

CALL NOW 1-888-922-5398

The Trump Opioid Plan: the Good, the Bad and the Border

The Trump Opioid Plan: The Good, the Bad and the Border

The fight against prescription opioid abuse, heroin, and fentanyl in America continues to intensify. Our political landscape may soon see even more drastic shifts because of it. Controversy and conjecture have surrounded many ideas brought to the table on both sides. Even the President himself has been behind some pretty divisive propositions. Then Monday, President Trump unveiled his plan for combatting the ongoing opioid crisis in America while in New Hampshire.

During his speech, the President talked up a few key elements of his plan; some we have heard of before, and others have only recently become a serious topic of conversation. As the administration puts the final touches on their proposals, we thought should take a look at some of the highlights and see which of his plans could actually work, and why experts and advocates believe others probably won’t.

Arguably, there are some pretty good ideas here… and some pretty bad ones, depending on who you ask.

An Opioid Vaccine

Let’s kick this off on a high note.

The Trump opioid plan includes supporting the search for a vaccine. This honestly seems like a good ambition to get behind, but will it work? Researchers at the Walter Reed Army Institute of Research and the National Institute on Drug Abuse developed an experimental heroin vaccine back in December. So far the compound has been tested with rats and mice. Their latest breakthrough found that antibodies in the vaccine bound to the heroin before crossing the blood-brain barrier. This reaction effectively prevents the euphoric effects of the drug.

While this is an exciting development, it is still a vast leap to go from treating mice to treating humans. We still have a long road ahead before this possible vaccine could be approved. However, more funding and resources from the federal government could make a big difference.

Even so, it is important to note that this vaccine will not be a cure-all answer that fixes everything. After all, we have seen opioid blocking methods before. Drugs like Vivitrol and other implants were also developed to hamper the effects of opioids, and they still haven’t stopped the crisis from growing. Experts are already saying this vaccine will only work in the short term and require repeated doses. It is expected to be an incredibly expensive treatment, and it may only be another variation of the Vivitrol shot. Still, some believe this vaccine, used alongside other treatment methods, could be a crucial tool in fighting opioids.

Big Pharma and Prescription Drugs

The Trump opioid plan also takes a look at prescription opioids. The President acknowledged the contribution of pharmaceutical companies and prescription drugs to the opioid crisis. In his statement, he indicated that this administration support research for opioid alternatives.

“That includes federal funding for the development of non-addictive painkillers.”

In talking about prescription drugs, President Trump said the administration also planned on addressing the issue of overprescribing addictive medications. He even touted the Justice Department’s new task force that may soon be fighting Big Pharma companies in court.

“Our Department of Justice is looking very seriously into bringing major litigation against some of these drug companies. We will bring it at a federal level.”

He acknowledges the recent work at the state level to hold Big Pharma accountable. President Trump said his administration will be working to reduce opioid prescriptions by 1/3 over the next three years. Hopefully, as time goes on there will not only be more accountability to those manufacturing these potent medications, but also more options for the thousands of people suffering from chronic pain who do need pain management.

Commercial Campaign

This show we have seen (fail) before. The crisis probably isn’t going to get fixed with re-runs and reboots.

For a long time, Trump has been talking about creating a media campaign to try and combat the opioid crisis. In his remarks on Monday, the president said,

 “We are thinking about doing a really large-scale rollout of commercials that show how bad it is for the kids… Scare them from ending up like the people in the commercials.”

Trump said he would spend a lot of money and direct people to make the commercials depict “pretty unsavory situations” claiming that this strategy has worked before with cigarette smoking.

Sadly, the reality is that we have tried this before. Using anti-drug messaging that specifically targets kids and young adults is exactly what was done with the “Just Say No” ad campaign of the 1980s and early 1990s, and the DARE program of the same period. Neither program was proven to be particularly effective in reducing drug use. Some have even argued it did the opposite and actually intrigued young people into drug use.

This is just one part of the Trump opioid plan that reminds people of the ideas pushed in the failed War on Drugs that already destroyed countless lives and only ended up making the problem worse.

So how will this new campaign be different?

The Border

The President also mentioned the importance of combatting the flow of illicit drugs like fentanyl and heroin into the country. He became particularly energized of course when talking about his proposed border wall with Mexico, saying,

“90% of the heroin in America comes from the southern border, where eventually the Democrats will agree with us and we will build a wall to keep the damn drugs out.”

However, many are not so convinced that the wall will be especially effective in stopping drug traffickers. Support for the wall experiences ups and downs as negotiations over immigration continue. Then the President took the opportunity to scrutinize sanctuary cities, calling out California and claiming these places were harboring the most terrible kinds of criminals, including drug dealers.

If part of the Trump opioid plan is to apply even more pressure to sanctuary cities, we may see more back-and-forth when it comes to compromises on immigration policy reform. Recently the Republicans were using DACA as a bargaining chip with Democrats to get the infamous border wall built, but now Trump says Democrats are holding onto it so they can use the issue during the election cycle.

Death Penalty for Drug Dealers

Now, THIS proposal is the one part of the Trump opioid plan that is causing the most controversy, and understandably so.

UPDATE: Attorney General Jeff Sessions sent out a memo Wednesday officially asking federal prosecutors to pursue the death penalty in drug trafficking cases “dealing in extremely large quantities of drugs”. So the administration is now implementing President Donald Trump’s plan to ramp up “tough on crime” punishments in response to the opioid crisis.

In his speech, the President brought having the death penalty for drug traffickers to the forefront. This is an extreme even some of his supporters believed was more tongue-in-cheek than actual proposed policy. The details on this proposal were still pretty scarce at the time. Some support Trump pushing for the death penalty, saying this punishment would only apply to high volume, kingpin-level dealers. But what we should consider is this:

  1. The federal death penalty is available for a few drug offenses. This includes violations of the “drug kingpin” provisions in federal law.
  2. Reports indicate that Trump wants Congress to pass legislation that will reduce the amount of drugs needed to trigger mandatory minimum sentences for traffickers.

So should we assume that the President intends to expand what qualifies as “drug kingpin” activity to make the death penalty easier to enforce? If so, what does that mean exactly? And what does it mean for further enforcing other mandatory minimums?

The Justice Department has said it would seek the death penalty “when appropriate under current law.” While drug-related murder is already a capital offense, no one has ever been executed by those rules. However, President Trump says that he and the Justice Department are working very hard to change the laws. To do so would require an act of Congress, and many believe Congress is highly unlikely to expand the federal death penalty. So will any of this be changing soon?

In his comments, President Trump stated,

“If we don’t get tough on the drug dealers, we are wasting our time. And that toughness includes the death penalty.”

President Trump’s call for the death penalty is being strongly met with condemnation. The proposal’s critics range from treatment advocates to law enforcement officials and civil liberty organizations.

Maria McFarland Sánchez-Moreno, executive director of Drug Policy Alliance, said in a statement,

 “If this administration wants to save lives, it needs to drop its obsession with killing and locking people up, and instead focus resources on what works: harm reduction strategies and access to evidence-based treatment and prevention.”

Jesselyn McCurdy, deputy director of the American Civil Liberties Union’s Washington office, said,

“Drug trafficking is not an offense for which someone can receive the death penalty,”

McCurdy is referring to a Supreme Court precedent that puts constraints on using the death penalty for a convicted person who did not commit murder.

Furthermore, there are plenty of arguments that this kind of policy is not practical. Some say it would either be so broad it became unconstitutional, or so specific that it would be obsolete. This aspect of the plan has sparked nationwide debate. Americans everywhere are arguing whether or not a drug dealer should be responsible for the deaths of customers.

Sadly, this is so frustrating because past data does not hold with the idea that getting ‘tough’ on drugs is more effective than offering treatment opportunities. One of the best studies backing this is a 2014 study from Peter Reuter at the University of Maryland and Harold Pollack at the University of Chicago. Researchers determined that while simply prohibiting drugs to some extent does raise their prices, there’s no good evidence that tougher punishments or harsher supply elimination efforts do a better job of driving down access to drugs and substance misuse than lighter penalties.

In fact, many addiction advocates argue that harsher punishments can actually be counter-productive because they end up punishing people who need treatment, not incarceration. So the need for a more comprehensive approach to opioid addiction treatment is paramount. Hopefully, this administration will see the need to focus on support for treatment, instead of a primarily punitive focus.

Trump Opioid Plan on Treatment

This is a critical and commendable element of the Trump opioid plan, and I applaud some of its intentions. However, I wish we could talk a lot more about this and a lot less about captial punishment.

Still, I give them credit for saying they want to increase access to addiction treatment and adopting harm reduction. There isn’t much detail to go on though, as far as how this will happen. One aspect is to increase the use of medications such as methadone and buprenorphine.

As another highlight, Trump also asks Congress to repeal a rule blocking Medicaid payments to larger treatment facilities, which could provide a boost in the billions to inpatient clinics. Hopefully, this is one factor of the Trump opioid plan that will pan out, because one of the biggest issues the US faces with the opioid crisis is a limited access to adequate treatment options. If the White House allows Medicaid to reimburse larger treatment facilities, more people will be able to get effective care. Still, it is unclear how many resources the administration is willing to commit to treatment resources.

Hopefully, the Trump opioid plan will evolve and we will see a resurgence of resources going toward helping get people suffer the help they need. It is understandable to want to curb the rise of addiction through anti-trafficking measures and raising awareness, but we already have thousands and thousands of people struggling every day all over America who need help. Preventive steps are crucial, and the President is trying to push for them. But it is vital that we also give everyone already struggling more of a fighting chance. The possibility of more people having greater access could help create a huge shift.

Palm Healthcare Company believes in providing innovative and effective holistic treatment options for those who are battling with addiction. Our facilities believe in comprehensive and compassionate care, and our mission every day is to transform as many lives as possible. Together, we can make a difference. If you or someone you love is struggling with substance abuse or addiction, please call toll-free now. We want to help.

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War on Drugs or Human Rights: Philippines President Resists Investigation

War on Drugs or Human Rights: Philippines President Resists Investigation

Philippines President Rodrigo Duterte proclaimed a bloody war on drugs back in June of 2016. As of 2017, the murderous “drug war” resulted in the deaths of more than 12,000 ‘suspects’, according to Human Rights Watch in the World Report 2018.

Each time his violent anti-drug campaign is questioned, President Duterte responds by harassing and threatening critics. From the beginning, officials have publicly reviled, humiliated and even jailed human rights advocates. Some contest that not only has Duterte resisted calls to end this bloody war on drugs but has actually gone on to use populist rhetoric to ridicule activists from investigating his chaotic crusade.

Recent remarks from American President Donald Trump are also being brought into question as he seems to believe executing drug dealers is a reasonable approach. Transcripts from a call Trump had with Duterte actually say that he was praising the Philippines President for encouraging carnage in his own streets.

A new report states that President Duterte has actually told his police and soldiers not to participate or cooperate in any probes against his militant anti-drug warfare. Will the Philippines President continue to resist any attempts to curb his brutal campaign?

Extrajudicial Killings and the Bloody War on Drugs

Firstly, let us clarify what an extrajudicial killing is (also called extrajudicial execution). This is when a person is killed by governmental authorities without the sanction of any judicial proceeding or legal process. Essentially, these executions bypass due process and are mostly regarded as unethical. The Philippines bloody war on drugs is truly horrific considering their president has:

  • Urged citizens to kill suspected criminals and drug addicts
  • Ordered police to shoot-to-kill
  • Offered bounties for dead suspects

President Duterte has even admitted to killing suspected criminals personally, and all of which seems to fit right into the category of extrajudicial killings. Duterte was a mayor in Davao for more than 20 years. During that time, he stalked the streets with the infamous Davao Death Squad in attempts to find and kill suspected drug criminals.

This is all pretty terrifying. Especially when you consider that out of the estimated 12,000 deaths:

  • Approximately 4,000 occurred during police led operations
  • The rest- estimated 8,000- we killings by “unidentified gunmen”

A huge factor to remember is they aren’t only killing suspected dealers, but also drug users or suspected addicts. When most of the world is working to make help available to those who desperately need it, this president thinks murdering addicts will eliminate the drug problem.

There has been mounting pressure from local and international entities to investigate the thousands of slayings by police. But in a speech delivered to elite armed police forces in Davao City, Duterte stated:

“When it comes to human rights, or whoever rapporteur it is, my order to you: Do not answer. Do not bother.”

Duterte defends his order toward security services, saying:

“Who are you to interfere in the way I would run my country? You know very well that we are being swallowed by drugs.”

This definitely is not the first time President Duterte has made some harsh comments while pushing back against outside influence.

Zero Tolerance for Any Interference

In 2016 a lot of things happened concerning the bloody war on drugs in the Philippines. We won’t break down the entire timeline. However, we encourage everyone to do a little reading into the series of disturbing events. At one point, the UN rapporteur on extrajudicial executions Agnes Callamard was formally invited by the Philippines government to investigate the controversial deaths. Then, President Duterte had an abrasive change of heart, saying he would “slap” Callamard if she began her investigation.

Not only did Duterte attack outside influence, he also encouraged police to attack human rights advocates in the Philippines. He has reportedly told the police to shoot these individuals “if they are obstructing justice.”

Duterte publicly condemns the official Commission on Human Rights. He has even threatened to abolish this entity entirely, despite it being mandated by the country’s constitution. It seems as though the government of the Philippines is prepared to stop at nothing to continue waging this gruesome war on anyone and everyone connected to drugs. Now that means going to war with those fighting to defend their human rights.

Examining the International Outcry

Last Tuesday, Duterte said he would accept the UN investigation into his brutal drug policies. However, he claims that Callamard is biased and that he will not cooperate if she was leading the investigation.

In February, another examination into the war on drugs in the Philippines was opened by the International Criminal Court (ICC). While this examination could eventually lead to charges of crimes against humanity, the process itself could take several years. By then, how many more victims could this ongoing onslaught claim? If Duterte continues to instruct law enforcement and military to resist investigations, how much harder could it be to stop the killing?

Human rights groups have said many of the killings by police have been outright executions. However, law enforcement officials deny these allegations. Even with surveillance footage that contradicts their claims.

So far, the killing has not stopped. Between December 5, 2017, and February 1, 2018, almost 50 people suspected of using and selling drugs were killed by officers.

The drug problem is serious; there is of course no denying that. Opioid overdose rates in America have continued to rise, and death rates related to drug use continue to be a leading cause of death in the US. However, the majority of experts agree that our own war on drugs was extremely flawed and ultimately failed, especially concerning the more punitive aspects, and it was not nearly as violent or aggressive as the actions we see now in the Philippines. If all of this teaches us anything, we should be able to see that aggressively attacking and executing addicts and suspected drug dealers is not going to solve this problem.

The best resource we have at our disposal when facing the addiction epidemic in America is innovative and effective treatment opportunities. Fighting the opioid crisis doesn’t mean fighting the addicts. Recovery means treating the underlying issues and helping as many people as possible find a way out. If you or someone you love is struggling, please call toll-free now. We want to help.

 CALL NOW 1-888-922-5398

President Trump Talks About Giving Drug Dealers the Death Penalty

President Trump Talks About Giving Drug Dealers the Death Penalty

One of the consistent topics in politics now is how the current administration plans to tackle issues concerning drug policy. There’s plenty of recent news, such as the Attorney General announcing a plan for the Justice Department to support states suing Big Pharma opioid makers, while also claiming that marijuana is partly responsible for the opioid crisis. Reports have indicated China is willing to work with the US to fight fentanyl trafficking, but critics are still worried about the massive cuts President Trump proposed for the Office of National Drug Control Policy.

But that isn’t the only proposal made by President Trump that has inspired debates about drug policy.

This past Thursday, while speaking at the White House event on opioid issues, many believe that a few of Trump’s comments endorse the idea of executing people who sell illegal drugs. Shocking as it may seem to some people, the concept isn’t all that new. In fact, we see people all the time in the comment section of many articles on opioids who seem to think this is an acceptable idea.

We have asked the question before if drug dealing should be considered homicide, with mixed responses. However, now it seems we should be asking- is drug dealing punishable by death?

President Trump Admiring the Philippines

If we take a look back, President Trump has supported this strategy before. Just last year the leaked transcript of a phone call with President Rodrigo Duterte of the Philippines quoted Trump praising the nation’s bloody and brutal War on Drugs. In recent years, thousands of extrajudicial killings have taken place in a country fully immersed in a violent vendetta against drugs. The president was quoted saying:

“I just wanted to congratulate you because I am hearing of the unbelievable job on the drug problem. Many countries have the problem, we have a problem, but what a great job you are doing and I just wanted to call and tell you that.”

However, not everyone shares the president’s admiration. An inquiry by the International Criminal Court is actually investigating the killings of the Philippines drug war. Not to mention, others would argue that the brutal crackdowns in the Philippines haven’t exactly worked out either. In December, the head of the country’s drug enforcement agency publicly stated that they have been unable to stop dealing at the street level.

President Trump on Drug Dealers

This isn’t the only reported instance of the president supporting this extreme tactic. Just days before his Thursday remarks there was a story that Trump had privately told a number of people, including leaders in Congress, that he supports executing drug dealers.

So what did President Trump say at the White House Thursday? In general, he thinks sellers of illegal drugs don’t get punished severely enough in the US, stating:

“We have pushers and we have drug dealers that kill hundreds and hundreds of people and most of them don’t even go to jail,”

“If you shoot one person, they give you life, they give you the death penalty. These people [who sell drugs] can kill 2,000, 3,000 people and nothing happens to them.”

Even back in January, President Trump made comments that some think was a precursor to this conversation. In another report, the president suggested he had an idea for a change in drug policy that might be too dramatic for the country.

“No matter what you do, this is something that keeps pouring in. And we’re going to find the answer. There is an answer. I think I actually know the answer, but I’m not sure the country’s ready for it yet. Does anybody know what I mean? I think so.”

There is not yet any indication the president has committed to go this far. And yet, he has repeatedly vowed to be “much tougher on drug dealers and pushers.”

President Trump also said that his administration will be rolling out policy over the next three weeks, promising it will be “very, very strong.” This administration is definitely consistent with its focus on stricter enforcement and tough-on-crime tactics for the drug problem. So is this recent stir surrounding the president’s comments well-founded? Or is the president’s support for dealing with drug dealers with the death penalty just an opinion of his that won’t go into any actual policy plans?

Should Drug Dealers be Executed?

Surely, we will see plenty of arguments in the comments here. There are bound to be some very strong opinions. Some people do believe that drug dealers are the cause of countless deaths and that they should face the harshest punishments possible.

One person might say ‘an eye for an eye… trade one lethal injection for another.’ But we still need to ask ourselves if this is actually effective.

Many would argue that a lot of street-level dealers are addicts themselves, who peddle their own prescription medications or other illegal substances out of desperation. They might still be people suffering from an illness that leads them to do things they might not otherwise do.

You might say- well, then we should only execute people who provide drugs that lead to a death. But there are plenty of cases where this strict of a penalty seems extremely cruel and unusual. And there are already instances where the individual providing drugs to someone who overdosed has been charged with manslaughter. Some were even charged with second-degree murder. For example, there was the case of Joshua Lore. Lore had gotten himself high on heroin and then prepared and administered a dose for his friend, 23-year-old Kody Woods. After Woods died from the overdose, Lore was charged with second-degree murder. The coroner ruled the death accidental. However, the law still allowed for him to be charged as if he had intentionally shot his friend down in the street.

Would anyone argue that maybe he should face the death penalty because maybe his friend paid him for the drugs? What if?

Criminal Charges for Overdoses

In 1986, Boston Celtics draft pick Len Bias’s death was deemed cocaine-relate. The federal government then implemented stiff penalties on drug dealers whose sales can be directly tied to overdoses. This includes a minimum of 20 years, and up to life in prison. But there is the still scrutiny to prove the allegations against dealers. Back in 2014, the U.S. Supreme Court ruled that a drug can’t just have contributed to death. It needs to actually be proven as the cause of death.

So where do we draw the line there? Because in some cases an individual may not die directly due to an overdose, but because the drug causes a reaction in the body with a pre-existing condition or counteracts other drugs it turns deadly. What if someone buys drugs from multiple dealers in one day, then dies? Does each dealer get put to death just in case?

Let us say we are only going to consider the death penalty with king-pins and large-scale traffickers. Kellyanne Conway, who is the head of the White House’s anti-drug effort, supposedly told Axios the proposal from President Trump is more nuanced and would only apply to “high-volume dealers who are killing thousands of people.” Fair enough. But how do we measure that exactly? Will it depend on the drug? Are we going to have someone with marijuana farms being executed next to fentanyl traffickers, even though the substance they sell is considered legal in several states?

It all becomes a much deeper conversation about where the mindset of our world is right now. These days it seems our society has continued to embrace the idea of choosing the lesser evil. And we can argue all day about whether or not people think this is ‘right’… but would it even work?

Lesser Evil

Sadly, even if President Trump were to make the necessary distinctions, there are still going to be people who think all drug dealers should face death. But is trying to fight drugs by making an example out of dealers a practical solution?  If people say drug use is still a voluntary act, should selling drugs constitute the death penalty if drugs aren’t forced into the victim’s body? And if we say yes, many also want to know if the president will support holding Big Pharma executives who engaged in corruption and shady marketing to the same standard.

Sure, maybe killing some drug dealers might scare a few others, but it won’t scare them all. If a dealer is taken off the streets, odds are another will take their place. Experts are sometimes split on whether attacking addiction at the supply-side has not been an effective strategy. Some say it makes drugs harder to get and more expensive. However, others say the open market inspires more dealers to take advantage of scarcity with higher prices. Studies even suggest there is no hard evidence that harsher penalties or supply elimination reduces drug use.

The tragic truth is there are already people who think we shouldn’t even be doing so much to save the lives of addicts. They say those who overdose should be left to die.

Is that who we are now? We see the people in our communities in pain and we leave them to die?

President Trump seems to believe a less punitive approach won’t work. So do the people agree? Should we have more compassion or convictions? If we stopped trying to arrest and punish our way out of the opioid crisis, could we be making more lives better?

Should we really be relying on the lesser evil?

The pain of losing a loved one to addiction is undeniable, and the desire for justice is understandable and natural. Even though we see addiction as a disease, we have to know we take our lives into our own hands every time. Sadly, sometimes we don’t make it back. But if you do, take it as an opportunity to make a change. If you or someone you love is struggling with substance abuse or addiction, please call toll-free now.

 CALL NOW 1-888-922-5398

Opioid Makers Will Soon Face New Justice Department Task Force

Opioid Makers Will Soon Face New Justice Department Task Force

Attorney General Jeff Sessions made an announcement at a news conference Tuesday that the Justice Department will be creating a new task force to pursue the makers and distributors of prescription opioids. It seems that beyond pursuing new restrictions being put on prescriptions, there will be a more intentional focus on Big Pharma and those who many believe have made the opioid crisis possible.

Jeff Sessions said the task force will “examine existing state and local government lawsuits against opioid manufacturers to determine if we can be of assistance.”

Meanwhile, Sessions also included the Justice Department is going to be backing a lawsuit in Ohio against major prescription opioid makers.

Ohio VS Opioid Makers Lawsuit

In truth, this lawsuit isn’t just about the state of Ohio. It consolidates more than 400 complaints by cities, counties and Native American tribes nationwide. Buckeye Nation has definitely been hit hard by the opioid crisis, but for now, the stage is set here for a massive effort against questionable practices from opioid makers.

The lawsuit that solicits the Justice Departments attention is pending in Federal District Court in Cleveland. It goes after various companies for using misleading marketing to promote prescription opioids, including:

  • Manufacturers
  • Distributors
  • Dispensers

The lawsuit also accuses the defendants of:

  • Downplaying the risk of addiction to these drugs
  • Failing to report suspicious orders by consumers, which would indicate the drugs were being abused

Furthermore, there are some big names in Big Pharma being listed as defendants, including:

  • Johnson & Johnson
  • Purdue Pharma
  • Teva Pharmaceuticals

The suit is also going after large distributors, such as:

  • McKesson
  • Cardinal Health

Not to mention pharmacy chains like:

  • CVS
  • Walgreens
  • Rite Aid

So how will the Justice Department be engaging in the current lawsuit? How will this new development impact the outcome of the case?

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Statement of Interest Against Opioid Makers

During the press briefing, Sessions explained that the Justice Department plans to file what is called a “statement of interest” in the Ohio lawsuit. This is a technique that past administrations typically would only resort to in cases that directly affect the federal government’s interests, such as diplomacy and national security.

However, with the intensity of the opioid crisis being what it is, it is perfectly understandable to make it such a high priority for the current administration to get involved with. So far, recovery advocates have been largely unimpressed with the half-measures that have been presented thus far with the Trump administration to address the issue.

By invoking the statement of interest, the attorney general is legally able to argue on behalf of the government’s interest in any court in the country. However, it does not make the government a plaintiff. All things considered, Sessions said his department will use criminal and civil penalties. He states,

 “We will use whatever tools we have to hold people accountable for breaking our laws.”

Which is quite a statement, considering it isn’t at all common for criminal charges to be brought against Big Pharma.

The Devil Is in the Data

What brought the Justice Department into this began with a discussion on access to certain data. This past Monday, lawyers for the Drug Enforcement Administration (DEA) came to the Ohio courtroom to discuss how much data they would share about the national distribution of painkillers.

The DEA said it would only provide two years of information in the case, asserting that the agency did not want to compromise ongoing criminal investigations. However, Judge Dan Aaron Polster’s request is to provide the sides with nine years of data. He said the agency has until next Monday to decide whether it will comply. This data can assist in determining:

  • The number of pills distributed
  • The locations
  • The distributors

This information could be crucial in allocating liability.

Richard Fields, a lawyer who represents state attorneys general and sovereign Native American nations in opioid litigation, predicts that the statement of interest from the Justice Department “will help unlock this data so that we can hold manufacturers, distributors and pharmacies accountable for flooding communities with pills.”

Therefore, it appears Sessions is going to be taking some big steps toward calling out Big Pharma for their involvement in the opioid crisis. Sessions says the government will be taking a hard look at doctors who overprescribe prescription painkillers. Even legal drugs like these too often lead to addiction and abuse of illegal drugs like heroin.

Ohio Attorney General Mike DeWine says he believes this is a game changer. With all the suffering communities in Ohio have seen over the past several years, we can only hope.

Holding Big Pharma accountable is a huge step. Nevertheless, we should also highlight the need for state and community officials to promote safe and effective addiction treatment. Innovative and holistic recovery programs can make a dramatic difference in helping heal communities. If you or someone you love is struggling, please call toll-free now.

 CALL NOW 1-888-922-5398

China and America Team Up to Take On Opioid Trafficking

China and America Team Up to Take On Opioid Trafficking

This month, Chinese and American officials are talking about new, combined efforts at combatting opioid trafficking. One spokesperson from China’s foreign ministry was quoted saying that the country is-

“…ready to work with the US to enhance our cooperation in this field.”

Back in August of 2017, we wrote about how China has been singled out by many in America as the main source of synthetic drugs like fentanyl getting into the country. Drug dealers online have been able to order shipments through websites hosted in China, making everyday package carriers into unknowing drug smugglers across the US. According to reports from the US Customs and Border Protection (CBP), seizures of fentanyl arriving by mail have increased drastically in the last few years:

  • In 2011, 0.09 kilograms of fentanyl were seized by mail
  • In 2016 is rose to 37 kilograms

Secretary of the Department of Health and Human Services, Tom Price, had said he firmly believed that China would be teaming up with the United States in order to end the spread of fentanyl trafficking.

Now it seems those predictions are coming to fruition, as China has announced that it intends to work with the United States to fight illegal shipments of opioids. This comes following a congressional investigation that unearthed the secret to how opioid manufacturers have exploited inadequate safeguards in the U.S. Postal System.

So how will China and America team up?

Searching for Fentanyl Sales

One of the key elements of the issue is the way packages get into the United States. Recently, the Senate Homeland Security and Government Affairs investigations subcommittee launched a probe that revealed a troubling reality. You can find information from the probe in a January 24, 2018 congressional report.

According to the report, an advanced electronic data system (AED) commonly used to identify suspicious packages only captured information on around a third of all international packages. So what does that add up to? Well, those numbers leave more than 318 million packages unscreened! That paves a very clear path for Chinese opioid manufacturers to ship lethal synthetic substances to individuals all across America.

The probe also provides details of just how easy acquiring fentanyl from Chinese manufacturers can actually be. Subcommittee staff told reporters that by simply conducting an internet search using the phrase “fentanyl for sale,” they found six “very responsive” sellers in China. Ultimately, investigators were able to identify:

  • 500 online transactions involving fentanyl
  • These transactions represent an estimated value of $776 million
  • Can trace at least seven deaths from fentanyl in the United States to Chinese sales

To make matters worse, drug traffickers have been using each country’s own postal services against them. This major loop-hole in shipping has made a profound contribution to fentanyl trafficking.

Going Postal on Drug Traffickers

The investigation also reports that fentanyl distributors will push for investigators to pay for delivery through Express Mail Service (EMS). EMS is an international shipping method that utilizes each country’s own postal system to deliver packages. Part of the EMS network includes the U.S. Postal Service.

In an email to an investigator, one drug distributor wrote:

“Guaranteed delivery only via EMS, other shipping methods will not be guaranteed.”

Investigators claim that the EMS is the preferred method for shipping opioids into America. This is because the Postal Service failed to implement an AED system that would alert U.S. Customs and Border Protection agents about suspicious international packages. International fentanyl traffickers know how to manipulate and maneuver the postal systems. Those with the investigation also point out that surcharges are deterrents to send shipments through other delivery services such as:

  • FedEx
  • DHL

This is due to the greater chance that packages will be detected. Sadly, the Senate report shows that it saw no significant improvement in collecting data on packages in 2017. However, the U.S. Postal Service (USPS) said that it has made the collection of this electronic data a priority.

China and America Teaming Up

Team USA

In a statement to the U.S. Senate Permanent Subcommittee, Ohio Republican Senator Rob Portman said that in 2016 nearly 60% of all overdose deaths in Ohio were related to fentanyl. Portman emphasizes the need for more action to stop the flow of fentanyl by stating,

“The vast majority of illegal fentanyl is purchased online from labs in China and then shipped to the United States through the mail. The federal government can, and must, act to shore up our defenses against this deadly drug and save lives.”

A USPS spokesperson said that the agency is working “…aggressively with law enforcement and key trading partners to stem the flow of illegal drugs entering the United States,”

A Customs and Border Protection spokesperson said it will “…continue to work with our government and private-sector partners to improve the efficiency of information sharing and operational coordination to address the challenges and threats…” of international narcotics smuggling.

Team China

We should note China still isn’t entirely sure that they are the major supplier of fentanyl to the US. In fact, Chinese officials have repeatedly pushed back against assessments like the one made by Senator Portman. In a press conference in December 2017, National Narcotics Control Commission official Yu Haibin said that there was-

“…little evidence showing China was the source of much of the chemicals used in the production of the powerful opioid fentanyl.”

However, it seems that China will be working toward a unified effort against fentanyl with America. Speaking on behalf of the Chinese Foreign Ministry, spokesperson Hua Chunying said that,

“Anti-drug coordination is one of the highlights of China-US law enforcement cooperation,”

Chinese officials are already working to curb sales of fentanyl and other synthetic drugs in their country. At the moment there may still be some indiscretions about China’s willingness to accept responsibility for the majority of fentanyl trafficking into America. Still, the fact that both countries have politicians advocating for cooperation against the common enemy might be a good indication of a more hopeful future in overcoming fentanyl.

If we are going to overcome the opioid epidemic, we will have to work together to face the issue at every level; whether we are taking on trafficking, breaking the stigma, or developing better opportunities for addiction treatment and recovery resources. Palm Healthcare Company is proud to work with people from all over America to help them overcome their own substance use. If you or someone you love is struggling, please call toll-free now.

 CALL NOW 1-888-922-5398

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