News & Analysis as of

DEA

The Legality of Cannabidiol and Concerns Regarding False Advertising

by Cozen O'Connor on

The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having laws that legalize marijuana in some form. However, under federal law,...more

Federal Telehealth Policies Summary

by Holland & Knight LLP on

On Feb. 9, 2018, Congress passed and President Donald Trump signed into law the Bipartisan Budget Act of 2018 (BBA). This wide-reaching legislation enacts major changes for telehealth policy in Medicare by incorporating...more

Changes for Telemedicine Policies in New Proposed Opioid Legislation

by Baker Donelson on

Key committees in Congress continue to work toward legislative responses to the opioid abuse problem. Several of the proposals under consideration include changes to telemedicine policies. Given broad interest in the opioid...more

The three-day rule for treating acute withdrawal symptoms

by Bricker & Eckler LLP on

Generally, federal law requires practitioners to obtain a Drug Enforcement Agency (DEA) registration or a waiver from the DEA registration to use narcotics to treat opioid addiction. ...more

K&L Gates Triage: The Opioid Epidemic: Federal and State Requirements on Medication-Assisted Treatment for Substance Abuse...

by K&L Gates LLP on

In the sixth episode of our series on the national opioid crisis, Lauren Perry discusses some of the legal obligations for providers who prescribe controlled substances as treatment for substance abuse disorders....more

K&L Gates Triage: The Opioid Epidemic: DEA’s Role in Regulating Individuals and Entities Handling Controlled Substances

by K&L Gates LLP on

In the fifth episode of our series on the national opioid crisis, Hilary Bowman discusses the Drug Enforcement Administration’s (DEA) role in regulating individuals and entities handling controlled substances, including...more

Congress Proposes Change to Ryan Haight Act to Allow Telemedicine Prescribing of Controlled Substances

by Foley & Lardner LLP on

It seems the efforts of telemedicine advocates to change federal law and allow greater prescribing of controlled substances are no longer falling on deaf ears. Congress just released a pair of draft discussion bills to amend...more

Opioid Fraud and Abuse as a Compliance Risk Area

by Ruder Ware on

The opioid epidemic is different than other drug related social problems because, in many cases, addiction to opioids starts in the medical office or in the pharmacy; in most cases through the treatment of legitimate physical...more

A Declaration without a Response: Senators Urge DEA to Enact Regulations on Opioid-Based Addiction Treatments Using Telemedicine

by McDermott Will & Emery on

This past fall, after months of speculation, President Trump declared the opioid crisis sweeping the United States a national public health emergency. Upon the president’s declaration, Acting Health and Human Services...more

Will Kratom Be Restricted?

Kratom, a popular alternative medicine used as a home remedy for opioid addiction, is now classified by the Food and Drug Administration (“FDA”) as an opioid – a step that may lead to the classification of the substance as a...more

DEA Implements CARA, Enlisting Mid-Level Practitioners in the War on Opioid Addiction

Prior to the Comprehensive Addiction and Recovery Act of 2016 (CARA) only “physicians” could dispense and prescribe narcotic drugs for maintenance and detoxification treatment. CARA expanded who may prescribe for maintenance...more

“Risk Management Lessons From an Opioid Trial”

The use of opioid medications to treat pain is at a watershed moment in the United States. Over the past three decades, opioids have become a standard and effective component of pain management for many practitioners. They...more

What to Watch For: The Near-Term Outlook on Cannabis

by Burns & Levinson LLP on

We anticipate 2018 as being a pivotal year for cannabis across the country. As momentum for the movement to legalize continues to build, here are some of the things we’re keeping an eye on....more

[Webinar] Current Issues in the Distribution of Controlled Substances - December 6th, 12:00pm ET

by Hogan Lovells on

Current issues in the distribution of controlled substances Join us for a complimentary webinar on current issues affecting the distribution of controlled substances. In an efficient hour, we will provide an overview of the...more

Shame and blame in a lame nomination for drug policy chief

Some powerful political players deserve a big dose of public condemnation for bungling and stalling the nation’s desperately needed war on the epidemic abuse of opioid drugs....more

DOJ Settlement Looks to Set New Benchmarks for Suspicious Order Monitoring

by Ropes & Gray LLP on

This week, the U.S. Department of Justice and Drug Enforcement Administration announced a $35 million settlement with a major pharmaceutical manufacturer to resolve alleged failures to monitor and report suspicious orders for...more

A Long Journey Through “Silk Road” Appeal: Second Circuit Affirms Conviction and Life Sentence of Silk Road Mastermind

On May 31, 2017, the Second Circuit issued its long-awaited decision in the “Silk Road” case, United States v. Ulbricht, (15-1815-cr) (2nd Cir. May 31, 2017) (Newman, Lynch, Droney)....more

Medicinal marijuana patients’ protection from federal enforcement extended through the end of the fiscal year on September 30.

In the past five years, twenty-nine states and the District of Columbia (DC) have voted to legalize medicinal marijuana; and seven states and DC have legalized recreational marijuana use. The federal government has...more

Senate Expected to Vote on Gottlieb Nomination Next Week

by Kelley Drye & Warren LLP on

On May 4, 2017, Senate Majority Leader Mitch McConnell (R-KY) filed cloture on the nomination of Dr. Scott Gottlieb to be the next FDA Commissioner. A cloture vote to end debate will occur Monday afternoon, with 50 votes...more

Prescribing Controlled Substances Without an In-Person Exam: The Practice of Telemedicine Under the Ryan Haight Act

by Foley & Lardner LLP on

Editor’s Note: This article is the second in a series addressing telemedicine prescribing and controlled substances, designed to give some much needed practical guidance and orientation to established healthcare providers,...more

Civil Forfeiture Under Fire – Part II

by Ballard Spahr LLP on

In this post, we consider the Department of Justice’s (DOJ) Office of the Inspector General report (OIG Report), released on March 29, 2017, evaluating the DOJ’s oversight of its cash seizure and forfeiture operations. This...more

DEA awards Schedule II classification to synthetic THC drug

by Thompson Coburn LLP on

On March 23, 2017, the DEA announced it has scheduled the newly approved synthetic THC-containing drug, Syndros, as a Class II substance. This announcement comes as a surprise to some for a number of reasons, including that...more

Has the DEA Overstepped by Codifying Marijuana Extracts, Including CBD, as Schedule 1 Substances?

by Cozen O'Connor on

At the end of 2016, the Drug Enforcement Agency (DEA) issued a new ruling, codified at 21 C.F.R. § 1308.11(d)(58), establishing all marijuana extracts, not just THC, as illegal under federal law. This has led to a controversy...more

DEA Tweaks, Walks Back Changes to Renewal Process

by Akerman LLP - Health Law Rx on

DEA recently revised an earlier announcement that would have eliminated the grace period for renewals of controlled substance registrations. After initially declaring that prescribers and other registrants would no longer be...more

DEA Reverses Previous Changes to Registration Renewal Processes

by McDermott Will & Emery on

The US Department of Justice Drug Enforcement Agency (DEA) recently reversed most of the changes to its registration renewal process that were previously slated to become effective January 1, 2017. ...more

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