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Three recent court decisions reframe what constitutes criminal conduct in prescribing controlled substances
Lynn Webster1, Olivia Backhaus2, Amy Bianco3
1Lifetree Medical, Inc., Salt Lake City, Utah. ORCID: https://orcid.org/0000-0001-8609-9424.
Abstract:
Three recent opinions issued by the United States (US) Supreme Court suggest the possibility of a new interpretation of key drug enforcement provisions in the Controlled Substances Act of 19701 (CSA) affecting prescribers of controlled sub-stances. Applying the Court's holdings in Xiulu Ruan v. US,2 Dobbs v. Jackson Women's Health Organization,3 and West Virginia v. Environmental Protection Agency4 to the Department of Justice's and the Drug Enforcement Administration's overreaching enforcement of the CSA, this paper contends that Congress should amend the CSA and rectify the broad misapplication of the law to the practice of medicine.
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