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  • “The moral test of a government is how it treats those who are at the dawn of life, the children; those who are in the twilight of life, the aged; and those who are in the shadow of life, the sick and the needy, and the handicapped.” – Hubert Humphrey

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  • Will Pill Control “Fix” Our Problem?: The Allure of Simple Solutions to the Opioid Crisis

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DEA Plans Further Cuts in Oxycodone Supply

Posted on November 30, 2025 by Pharmaciststeve

According to perplexity.ai the USA’s population was 318 million in 2014 and 340 million in 2024, a 7% INCREASE in our population. If one come to the conclusion that the percentage of our population is going to need opioids for acute/chronic pain and the DEA decreases the available Oxycodone by 6%.

This law – 42 USC 1395: apparently this law was appended along with Pres Johnson’s “great society” program that created Medicare & Medicaid in 1965. So we are approaching 60 yrs that not a single DOJ has bothered to try to enforce this law.

When the “Great Society” was created in 1965 our national debt was 260 billion and today about national debt is in the ~ 35 Trillion and roughly 36–38% of the U.S. population had Medicare or Medicaid coverage in 2014.

The question has to be asked – how many people are on Medicare Disability & Medicaid because their pain management meds have been taken away by various parts of our bureaucratic/judicial system? How many chronic pain pts are no longer around because they could no longer tolerate their torturous level of pain and committed suicide or died a premature death from their under/untreated pain.

here is a link to the entire proposal https://www.federalregister.gov/documents/2025/11/28/2025-21509/proposed-aggregate-production-quotas-for-schedule-i-and-ii-controlled-substances-and-assessment-of

click here to make your comments:  https://www.regulations.gov/commenton/DEA-2025-0654-0001

 

435 members of the House are up for re-election next year and 35 Senators are up for re-election next year.


Then there is the agreement between most state AG’s and the 3 major drug wholesalers that control about 85% of the wholesale community pharmacy market

Agreement with State Attorney Generals and three major (short version)

agreement with state AGs (long version)

Then there is this law from 1935 – 35 yrs before the Controlled Substance Act was signed into law

42 USC 1395: Prohibition against any Federal interference

https://uscode.house.gov/view.xhtml?req=(title:42%20section:1395%20edition:prelim)

From Title 42-THE PUBLIC HEALTH AND WELFARE CHAPTER 7-SOCIAL SECURITY SUBCHAPTER XVIII-HEALTH INSURANCE FOR AGED AND DISABLED

§1395. Prohibition against any Federal interference

Nothing in this sub chapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person.(Aug. 14, 1935, ch. 531, title XVIII, §1801, as added Pub. L. 89–97, title I, §102(a), July 30, 1965, 79 Stat. 291 .)

Statutory Notes and Related Subsidiaries

Short Title

For short title of title I of Pub. L. 89–97, which enacted this subchapter as the “Health Insurance for the Aged Act”, see section 100 of Pub. L. 89–97, set out as a Short Title of 1965 Amendment note under section 1305 of this title.

Protecting and Improving Guaranteed Medicare Benefits

Pub. L. 111–148, title III, §3601, Mar. 23, 2010, 124 Stat. 538 , provided that:

“(a) Protecting Guaranteed Medicare Benefits.-Nothing in the provisions of, or amendments made by, this Act [see Short Title note set out under section 18001 of this title] shall result in a reduction of guaranteed benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.].

“(b) Ensuring That Medicare Savings Benefit the Medicare Program and Medicare Beneficiaries.-Savings generated for the Medicare program under title XVIII of the Social Security Act under the provisions of, and amendments made by, this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand guaranteed Medicare benefits and protect access to Medicare providers.”

 According to Perplexity.ai :
42 U.S.C. 1395 has not been used by any Attorney General to shut down or seriously limit federal enforcement of the Controlled Substances Act (CSA) or other federal oversight tools; courts and agencies read it as a Medicare-specific “no control of medical practice” statement, not as a general bar on federal regulation of medicine. In practice, federal criminal/CSA enforcement, DEA registration actions, and many Medicare regulatory conditions have all proceeded without being invalidated on the basis of §1395.

​

What §1395 actually limits

Section 1395 is part of the Medicare statute and says only that “nothing in this subchapter” (i.e., the Medicare title) authorizes federal officers to supervise or control medical practice, how services are provided, or the operation of providers. Courts and commentators treat this as a construction rule: Congress was assuring physicians that creating Medicare would not itself federalize control over clinical practice, not as a global ban on all federal influence over medicine.

​

Use of §1395 in litigation

Section 1395 is occasionally cited in cases to argue that Medicare does not preempt state regulation of medical practice or billing, and courts have used it as evidence that Congress meant to leave core practice-of-medicine regulation to the states. However, those opinions treat §1395 as limiting how Medicare statutes are interpreted, not as a weapon to invalidate other federal laws or DOJ/DEA enforcement based on separate statutory authority such as the CSA.

​

Relationship to the CSA and DOJ/DEA

The CSA is codified in Title 21, enacted years after §1395, and expressly authorizes the Attorney General to register, regulate, and take action against practitioners regarding controlled substances. Because §1395 is confined to “this subchapter” of Title 42, courts and agencies have not read it as restricting the Attorney General’s CSA authority, so prescriber prosecutions, registration revocations, and more recent telemedicine-prescribing rules have all gone forward without being blocked by §1395.

​

Has any Attorney General tried to “enforce” §1395?

Enforcement of §1395 is mostly indirect: it is invoked as a rule of statutory interpretation, not as something DOJ brings standalone cases under. No reported example shows an Attorney General using §1395 to prevent DEA or other federal agencies from pursuing drug-control enforcement or other health-related regulations, and the long trend has been toward greater, not lesser, federal involvement in medicine despite this Medicare clause.

DEA Plans Further Cuts in Oxycodone Supply

https://www.painnewsnetwork.org/stories/2025/11/28/dea-wants-to-cut-supply-of-oxycodone

 

 

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