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Saturday, May 24, 2008

Finally A Constitutional Challenge To The War On Drugs?

As you all know the list of illegal drugs keeps growing because like any ‘good’ government agency the DEA is trying to expand their power base.  Not satisfied for enforcing the substance bans, the drug prohibition czars have decided to go after doctors that prescribe ‘legal’ pain medications in what they have arbitrarly defined as excessive amounts.  How they are qualified to determine that is anybodies guess.  Well, one of the doctors in his defense against numerous indictments has taken the creative approach of challenging the constitutional legality of the specific charges in general and the entire drug war in paricular.

From Pain Medicine: Kansas Doctor Fights Back, Attacks Federal Prosecution and Controlled Substances Act as Unconstitutional

Lawyers for a Haysville, Kansas, physician facing a 34-count federal indictment alleging he acted as a drug dealer in prescribing pain medications fought back last Friday, filing in federal court a motion to dismiss both the indictment and federal Controlled Substances act (CSA) as unconstitutional. Attorneys for Dr. Steven Schneider argued that federal prosecutors in Wichita improperly claimed authority over the regulation of medicine.

A favorable ruling for the doctor would put a serious crimp in this onerous drug war that has ruined the lives of some many and enriched the pockets of illegal drug distributors.

Read the whole thing.

Comments

Avatar for jpe

I don’t really have a dog in this fight, but the defendant’s brief is a little too....colorful, I guess.  A decent shortcut in assessing legal briefs, IMHO, is that the merits of a brief bear an inverse relation to how colorfully they’re written.  This one veers on the unprofessional. 

The questions raised are interesting: how many pain pills is too many?  And how would a doctor know how many is too many?

jpe on May 25, 2008 at 07:56 am

The questions raised are interesting: how many pain pills is too many?  And how would a doctor know how many is too many?

A better question is ‘how would the DEA know how many is too many’?


You don’t have to be a moron to be a liberal Democrat but it sure helps.

docdave on May 25, 2008 at 09:00 am
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