CONTROLLED SUBSTANCES ACT/
PHARMACEUTICAL DIVERSION

21 U.S.C. § 841, §846

Pharmaceutical diversion is a major focus of the DEA. Mr. Feldman defends pharmacies, pharmacists, and other health care professionals in pharmaceutical diversion investigations (which concern violations of the Controlled Substances Act) and has helped develop controlled substances policies for pharmacies. Mr. Feldman has also counseled clients in connection with Drug Enforcement Administration inspections and reviews and has been honored as a speaker to address physicians and pharmacists in connection with controlled substances diversion issues.

The Controlled Substances Act prohibits the distribution, manufacturing, or dispensing of a controlled substance. A violation may occur when a private person sells or manufactures a controlled substance, for example, cocaine. In addition, the Act also applies to physicians whom routinely prescribe controlled substances or prescription drugs and to pharmacies dispensing prescriptions and controlled substances. For example, a violation of the Controlled Substances Act may occur when the drug or medication is “diverted” for recreational use.

Diversion of Pharmaceutical Drugs and Controlled Substances

Drug Enforcement Administration has steadily heightened its focus on the diversion of controlled substances. It began with the proliferation of “pill mills” in Florida and elsewhere but now the Government’s focus is much broader as the nation continues to evaluate the best ways to combat the opioid epidemic.  The Drug Enforcement Administration has an entire division, known as the Office of Diversion Control, which is staffed with special agents trained to detect and identify controlled substances diversion. The Drug Enforcement Administration is also responsible for investigating violations of the Controlled Substances Act and has rule-making authority with respect to the scheduling of controlled substances.

According to the United States Department of Justice, most pharmaceuticals abused in the United States are diverted by doctor shopping, forged prescriptions, theft from pharmacies and healthcare professionals and, increasingly, via the Internet. Diversion also frequently occurs when a controlled substance is prescribed to a patient for a purpose that is not medically necessary.

Contact the Feldman Firm if you have been contacted by the Drug Enforcement Administration or you have received information indicating that you may be subject to administrative, civil, or criminal consequences in connection with a violation of the Controlled Substances Act or a Drug Enforcement Administration investigation or inspection.