Federal Bill Aims to Decriminalize CBD and Reschedule Cannabis

Reschedule CannabisFederal Bill Aims to Decriminalize CBD and Reschedule Cannabis

http://ireadculture.com/federal-bill-aims-decriminalize-cbd-reschedule-cannabis/

A bill was introduced to the House of Representatives on January 27 that could change the future of medical cannabis in the United States. H.R. 715, also known as the Compassionate Access Act, aims to decriminalize cannabidiol (CBD) by excluding it from the definition of “marihuana.” H.R. 715 also requires the Secretary of Health and Human Services alongside the Institute of the National Academy of Sciences officially recommend for the Drug Enforcement Administration (DEA) to reschedule cannabis from Schedule I.

If the Compassionate Access Act is passed, the bill’s text requires the Administrator of the DEA to consider the recommendations the DEA has received and move to reschedule cannabis from its Schedule I status. The bill does not specify which section cannabis should be rescheduled to, leaving that decision to the DEA’s discretion.

Excluding cannabidiol from the definition of “marihuana” would be a huge win for many people battling debilitating conditions across the nation. According to the bill, “The term ‘cannabidiol’ means the substance cannabidiol, as derived from marihuana or synthetically formulated, that contains not great than 0.3 percent delta-9-tetrahydrocannabinol on a dry weight basis.” CBD is a non-psychoactive cannabinoid that is found in the cannabis plant.

CBD has been proven effective for stopping seizures in patients with Dravet’s Syndrome, intractable epilepsy and other rare seizures disorders. It has also been reported that CBD is great for treating Crohn’s disease, Multiple Sclerosis and Post-Traumatic Stress Disorder. It has even proven effective at healing and strengthening bones.

Representative Thomas Garrett of Virginia introduced the H.R. 715 to the Committee on Energy and Commerce. Garrett introduced the bill on behalf of himself and Representative Earl Blumenauer of Oregon.

CBD is being recognized as medicinal not only in the United States, but there is a global movement towards its acceptance as well. Earlier this year, The Medicines & Healthcare Products Regulatory Agency in the United Kingdom admitted that CBD is in fact medicine. Mexico recently approved the importation of CBD derivatives from American company Medical Marijuana, Inc. If H.R. 715 does pass, it will be a huge victory toward cannabis reform.

WV: Naloxone doses UP… OD deaths UP… bureaucratic stupidity – unchanged ?

A vial of NaloxoneWest Virginia distributing 8,000 overdose antidote kits

http://www.foxnews.com/health/2017/02/07/west-virginia-distributing-8000-overdose-antidote-kits.html

West Virginia health officials are responding to opioid overdoses by distributing more than 8,000 kits with an antidote — Naloxone — that can get people breathing again if administered in time.

Money for the kits comes from a $1 million federal grant to West Virginia, which has had the nation’s highest rate of overdose deaths.

“Naloxone is a lifesaving antidote that, if administered in a timely manner, can effectively reverse respiratory depression caused by opioid and opiate overdose and revive victims,” said Dr. Rahul Gupta, commissioner of the Bureau for Public Health. “This collaboration represents an essential step toward turning around West Virginia’s staggering overdose statistics.”

Federal data show West Virginia had 725 overdose deaths in 2015, the highest rate of any state at 41.5 per 100,000 people. Last year’s numbers are expected to show little improvement.

“We have seen a significant and steady increase in all drug overdose deaths in West Virginia over the last several years. Unfortunately, based upon the trend we are seeing, the number of overdose deaths has not yet peaked,” Gupta said. “We expect our preliminary data for 2016 to further increase as more toxicology results are recorded.”

Meanwhile local emergency medical services agencies administered 4,186 doses of Naloxone last year, up from 3,351 the year before and 2,165 two years ago. Gupta said that data doesn’t include uses by hospital emergency departments, urgent care centers, first responders and family members.

The project is funded with a $1 million federal grant managed by the state Bureau for Behavioral Health and Health Facilities and administered by Gupta’s bureau. West Virginia University’s Injury Control Research Center will implement and evaluate the project.

More than 4,000 of the two-dose kits will go out in the next few weeks to high priority areas, including needle-exchange programs and police and fire departments in the cities of Huntington, Charleston, Wheeling and Morgantown and other urban and rural areas.

Emergency medical personnel currently carry the antidote, but this project should make it more widely available to other first responders and to people at high risk, their family members, friends and caregivers, said Herb Linn, the center’s deputy director.

“We’re looking at getting more naloxone out into a variety of individuals’ hands, who are in a position to be a witness to an overdose or get called and respond more immediately,” Linn said.

There may have been some recent progress in limiting fatalities from prescription opioids, but there’s been an upsurge in overdose deaths involving heroin and fentanyl, he said. “The problem remains huge in West Virginia, which likely continues to have the highest rate of overdose deaths. The naloxone distribution can only help to turn that epidemic around.”

West Virginia several years ago had one of the highest opioid drug prescription rates in the nation, which correlated with higher overdose deaths, Gupta said. The opioid epidemic is evolving, with prescription rates declining but the cheaper alternative of heroin available on the streets, sometimes contaminated with far more potent fentanyl and even the elephant tranquilizer carfentanyl, he said.

“We’re looking at addiction as a chronic relapsing disease rather than a stigma,” he said. The state response includes making more treatment, counseling and workforce training available, as well as screening pregnant women, whose cases and babies are treated as a priority, he said.

 

TORTURE …. BUREAUCRATIC AMERICAN STYLE

Pill mill crackdown has consequences for legitimate pain sufferers

http://www.abc-7.com/story/34438377/pill-mill-crackdown-has-consequences-for-legitimate-pain-sufferers

PORT CHARLOTTE – At first glance, it’s difficult to know exactly what Amanda Jakubowski is dealing with. The 36-year-old Port Charlotte woman moves slowly and deliberately, her small and frail frame accentuated by brightly colored short hair and dark glasses.

Without understanding her illness, you might jump to conclusions. Cancer? Drug addiction? Eating disorder? She said many people have wondered exactly that.

When she speaks, her soft voice is full of conviction.  

She is in pain and feels helpless to stop it. 

“It hurts because you’re begging for help and you can’t get it,” she said.

Amanda said she’s suffering in silence, as a nationwide pain pill crackdown is leaving patients like herself struggling to find options for relief.

For years, headlines have chronicled the rise and fallout of Florida’s prescription painkiller addiction.

But among the addiction rates, law enforcement crackdowns, and the subsequent rise of heroin use, there is another consequence that hasn’t gotten as much attention. Chronic pain sufferers, who say they’re still suffering and can’t get help, feel as though they’re slipping through the cracks.


Mark and Amanda Jakubowski at their wedding in 2005.

A devastating diagnosis

Amanda and Mark Jakubowski were just like any couple, both enjoying careers, their lives in Atlanta, and their marriage.

Everything changed on October 11th, 2010, when Amanda came home from work sick.

“Anytime she put anything in her mouth, within five minutes she was violently throwing up,” Mark explained.

Days of what she thought was a stomach flu turned into weeks, then months.

A never ending list of doctors offices and specialists brought up possible diagnoses of everything from Irritable Bowel Syndrome to gastric cancer, before finally revealing a devastating diagnosis: gastroparesis.

It’s a rare disease in which the stomach becomes paralyzed and unable to digest food.

In some, gastroparesis is brought on by complications from diabetes, but for many patients, doctors don’t know exactly what causes it. In either case, there is no cure.

It affects twice as many women as men, and it frequently happens among young adults, even children.

Amanda sees Dr. Raul Rosenthal, the director of Cleveland Clinic Florida’s Bariatric and Metabolic Institute, and a specialist on gastroparesis. He said the disease affects less than one percent of the population, but it will have a huge and lasting impact on a patient’s quality of life.

It’s been more than six years since Amanda has been able to eat a full meal. She has survived with the help of various feeding tubes, and small meals consisting of anything from a few goldfish to some ginger ale.

Rosenthal said because the disease is so rare, many other doctors don’t know just how devastating it can be.

“I think the number one reason why this disease is silent or invisible is the lack of knowledge and awareness,” he said.

Amanda thinks that lack of awareness explains why it took months to first be diagnosed, and why she still faces challenges in the medical community today.


Amanda Jakubowski receiving treatment in February of 2016.

The pain of pain management

As Amanda has struggled to fight this disease, slowly, her body has started to consume itself.

“It’s like from head to toe, everything just hurts,” she said.

“Malnutrition hurts. When your body consumes itself, your body is eating muscle and tendon and tissue you and things like that, that causes pain,” her husband Mark explained.

Treating that pain has not been easy.

As a chronic pain patient, Amanda feels as though she’s been slipping through the cracks of a state system trying hard to reduce prescription pill abuse.

Back in 2010, Florida was leading the nation in painkiller prescription sales, according to data from the CDC.

A statewide crackdown soon followed. Led in part by Governor Rick Scott and State Attorney General Pam Bondi, lawmakers and the DEA used newly-authorized money and resources to begin investigating and cutting off the state’s pill mills.

It worked. Prescription and drug deaths dropped dramatically. Florida was one of only two states to see a decrease in drug poisoning deaths from 2010 to 2014.

Today, Florida continues to track medications through their prescription drug monitoring program, E-FORSCE, an online database where doctors must report their prescriptions and monitor patients for potentially risky behaviors like doctor shopping.

But the problem is nationwide, and ongoing.

In March of 2016, the Centers for Disease Control issued new guidelines discouraging prescriptions of higher doses of opiates.

A local pain management specialist who declined an on-camera interview wrote in an email “…In addition, the DEA has made it clear that they wish to reduce the amount of opiate medication available by as much as 25%. These are factors contributing to the current climate of opiate-phobia.”

It can be difficult to quantify exactly how this “opiate-phobia” is affecting patients. But in 2015, a survey from the U.S. Government Accountability Office found that more than half of DEA registrants – like drug distributors, pharmacies, and pain management clinics – “have changed certain business practices as a result of DEA enforcement actions or the business climate these actions may have created.”

The survey also found many pharmacies reported stricter limits placed on them from distributors have limited to a “great extent” their ability to supply drugs to those with legitimate needs.

The Jakubowskis said it’s created a climate where patients like Amanda can’t get the help they need.

Mark said they’ve been met with disbelief and reluctance as they try to find pain management specialists willing to help.

Amanda said she’s experienced morphine withdrawal twice as doctors told her they wanted to try lowering her dose of medication to limits they felt were considered acceptable by the state.

She said one clinic closed up shop overnight, while another office turned them away after accusing them of doctor shopping.

“The frustration of trying to explain to the doctor that your wife is dying, and all I want is to know that, while I’m sitting in the chair on the other side of the room, that she’s resting comfortably,” Mark explained, “And she can’t do that because-“

“Because the abuse of all the other patients that might not have needed the medication has ruined it for the rest of us that do need it,” Amanda finished.

She has been to see three different pain management doctors in just the past four months.

She recently underwent surgery at Cleveland Clinic to implant a pacemaker in her stomach in an effort to quell some of the nausea and vomiting brought on by gastroparesis.

Meanwhile, she continues to struggle every day, still hoping for a pain management physician willing to take on her case in a system, she believes, is making it nearly impossible to get help.

“It’s been a necessity for doctors to have to be skeptical, but by the same token, there should be a step two – maybe we should somehow confirm that this patient does need it,” Mark said. “It should not be so difficult to not live in pain.”

In my opinion, kratom is safer than oxycodone and other narcotics.

Kratom and oxycodone

http://www.clinicaladvisor.com/your-comments/kratom-and-oxycodone/article/636257/

I think that kratom is much safer than some of the FDA- and US Drug Enforcement Administration–approved medications, such as oxycodone. I treat patients for opioid addiction, and I have a few who have stopped using opioids and are now on a stable, individualized dose that the patient decides. I know that this takes the control away from physicians and other governmental agencies, and there is also the loss of money for some drug companies. But so far, there have been no deaths or patients who needed to go to rehabilitation from using kratom. In my opinion, kratom is safer than oxycodone and other narcotics.—Anace Said, MD. 

Injections for back pain: An expensive placebo?

Injections for back pain: An expensive placebo?

https://www.psychologytoday.com/blog/unlearn-your-pain/201410/injections-back-pain-expensive-placebo

A large study on the effectiveness of injections for spinal stenosis was published in the New England Journal of Medicine in July of this year.  It was designed by top doctors in the field of pain management and funded by the Agency for Healthcare Research and Quality.  The patients were carefully selected to have pain in their legs and clear evidence of narrowing of the spinal canal on MRI examinations.  They were given an injection into the epidural space and were randomized to receive either an anti-inflammatory medication (corticosteroid) plus a local anesthetic medication (lidocaine) or just the lidocaine (which was considered a placebo as the effect is expected to wear off in a couple of hours). 

Before the injections, the patients had significant leg and back pain, with average self-reported pain levels of 7 on a 10-point scale.  Six weeks after the injections, their average pain level was reduced to 4.5, which is a significant drop, and suggests a good level of pain relief!  However, the reduction occurred equally in both groups.  The people who got the lidocaine injection obtained just as much pain relief as those who got the steroid injection.  In other words, the placebo treatment worked just as well as the therapeutic injections. 

What should we conclude from this study? Before answering that question, let’s review the relevant research from other studies on injection therapies for back pain and sciatic pain.

In 2009, Dr. Chou and colleagues reviewed 40 studies comparing epidural injections (and other types of injections or ablations) to placebo injections.  For back pain without pain radiating down the leg (sciatic type pain), their conclusion was this: “Evidence on efficacy of epidural injections specifically for spinal stenosis, low back pain without radiculopathy, or failed back surgery syndrome is sparse and inconclusive, but showed no clear benefit.”  For sciatic pain, a few of the studies showed some short term benefit, (within a few weeks) although the majority did not; and none showed longer-term benefit.

Dr. Staal (as part of the prestigious Cochrane Collaboration) also conducted a review of the available literature in 2008.  He reviewed 18 different research trials that included 1179 participants.  This was their conclusion:  “There is insufficient evidence to support the use of injection therapy in subacute and chronic low-back pain.”  These are hardly ringing endorsements for these procedures. 

Have we learned more since then?  In 2012, Cohen and colleagues reported on a randomized, controlled trial of epidural steroids for sciatic type pain due to ruptured discs.  There was some benefit in the short term (at 4 weeks), but this result was not statistically significant and there was no benefit at all in comparison to the placebo injections at 3 and 6 months.  Also in 2012, Pinto and colleagues once again reviewed the available literature on epidural steroid injections for sciatica.  From 23 research trials they found that epidural injections showed very small benefit at 1 month (roughly a difference of one-half of a point decrease in pain on a 10 point scale) and no differences at longer-term follow-up.

When studies show that the intervention being tested is no better than the placebo intervention, we usually conclude that the intervention would not be recommended.  If a medication works no better than a placebo pill, most doctors (and patients) would not use it. 

Of course, doctors must also consider the potential side effects of an intervention.  If the side effects are mild or rare, that treatment is more likely to be used even if it has only mild efficacy.  Consider, for example, glucosamine and chondroitin sulfate, two herbal supplements often used for osteoarthritis.  A recent study showed that they had mild effects on pain, but no effects on the progression of arthritis.  While the positive effects are small, the risk of harm is low.  There are few potential side effects of these products.  Since their costs are reasonable, it may make sense to try them.

What are the potential side effects of epidural and other spinal injections? 

The most significant risks include infections (leading to meningitis), paralysis or death.  Fortunately, these catastrophic events are rare.  In 2012, there was an outbreak of spinal meningitis after epidural steroid injections.  Over 20 states were affected.  Ultimately 751 serious infections were documented and 64 people died due to the infection.  A more common risk is loss of bone density in the vertebrae of the spine due to the effects of the steroid medication, which can lead to spinal fractures especially in older individuals who have multiple injections.

Having reviewed the literature, let’s return to the recently published study from the July issue of the New England Journal of Medicine on injections for spinal stenosis

Despite their results that these injections were not more effective than the placebo injection, the authors did not make any recommendations about the use of these injections.  Nor did they mention the overall healthcare costs.  Last year, the Journal of the American Medical Association published an editorial on the subject and the author noted that guidelines from the US, Europe, Italy and the United Kingdom all do not recommend injection therapy for low back pain. 

Given that these data do not show clear evidence of efficacy over and beyond a placebo treatment and that several clinical guidelines don’t recommend these injections, how many injections do you think are performed each year?  They’re probably decreasing, right?

Wrong. 

Deyo and colleagues published an article entitled: “Overtreating chronic low back pain: Time to back off?”  They documented that over a recent seven-year timeframe, the rates of injections for low back pain increased by 271%.  Costs per injection also increased by 100%.  This combination of increased injections plus increased cost per injection has led to a massive 629% increase in overall fees associated with these procedures.  This was not due to an aging population either because the number of new enrollees in Medicare (i.e. aging people) only increased 12% during the same timeframe.

Currently, it is estimated that at least 12 million injections per year are done for back pain in the United States alone.  Total costs of these injections are at least $500 million.  A study by Abbott and colleagues noted that there is great variability in the number of injections given by certain doctors.  Some doctors are more likely to give large numbers, from 10 to up to 50 per year to a single patient.  The authors found that 10% of the doctors accounted for 36.6% of all of the injections and 20% accounted for over half.   Thus, relatively few providers are performing a majority of all spinal procedures. 

How can this be happening?

Here are a few possible reasons.  First, patients often report improvement from injections.  As we saw in the New England Journal of Medicine study, the level of pain dropped from about 7 to 4.5.  When patients return and report that a procedure helped it can be difficult for doctors to believe their treatment is simply a high priced invasive placebo even if they review the research. 

Some physicians may even ask what’s the harm in using these injections even if it is a placebo response?  We know placebo effects can be incredibly powerful and this is especially true for pain (interestingly, more “invasive” placebo treatments are found to be have higher placebo responses). 

However most ethicists would argue that administering a placebo treatment to patients without their knowledge is not ethical.   Also, unlike many placebos, there are risks of significant complications associated with these procedures and there are obviously significant healthcare costs involved.   Healthcare dollars are not an unlimited resource and every dollar spent on an expensive injection is a dollar that can’t be used for other therapies.

A second reason may lie in the economics of injections.  Physicians who regularly perform injection treatments for back pain can make a lot of money.  An editorial comment on the Abbott study suggested that the doctors who are doing very large numbers of these procedures “may well be stretching the indications, accepting poor results, or be driven by profit.”  Most doctors are not performing excessive amounts of injections.  But if they took a careful and critical look at their practices, they might make some changes.  And, as a society, we are making these decisions on a daily basis.

Let me tell you about a friend of mine, Dr. Kevin Cuccaro, who resides in Corvallis, Oregon.  Dr. Cuccaro is an anesthesiologist who has completed a fellowship in pain management.  He is very knowledgeable in the current management model of back and leg pain because he was involved in it for years.  

For several years, Dr. Cuccaro worked as a pain specialist at the Naval Medical Center San Diego. There he treated active-duty service members with chronic pain—including many who had back and sciatic pain. 

When physical therapy and exercise weren’t enough to help his patients, he relied (as do most pain management specialists) on pain medications and injections.  Unfortunately, what he experienced was disheartening.  Instead of getting better with injections many patients appeared to get worse.  One injection led to another and then to another.  It wasn’t clear that he was actually helping to reduce pain in his patients.

However, continuity of care was difficult in a military environment and Dr. Cuccaro reasoned that perhaps this was contributing to lack of patient improvement.

So, after he left the military, he joined an upscale private medical group in Oregon.  Since he could now maintain continuity of care and deliver high quality pain management he expected his outcomes to improve.    

It didn’t turn out that way.  The results he saw in his private practice were no better than those in the military.  Basically, injections led to more injections and patients didn’t seem to improve overall. 

Frustrated he went back to the medical research to find what he could be missing.  What he found shocked him despite all of his training.  Studies consistently demonstrated poor long-term outcomes with injections for chronic pain.  A few papers reported brief improvement in pain but high quality studies did not find that these results were sustained for any significant length of time.

Even worse, the reasons used to support the use of injections for chronic back pain (like decreased medication use, increased activity or faster return to work) weren’t true at all.  In fact the opposite was found.  His patients were simply not getting better.

Most shocking of all, he learned that despite an astronomical rise in the number of injections (and surgeries) for back pain, outcomes in back pain in the U.S. appeared to be worsening—not improving.

However, injections were well reimbursed by Medicare and insurance companies and he was encouraged to continue using them.  Instead, Dr. Cuccaro made a bold decision: he decided to leave his practice. 

This is how he summarized his experience and why he decided to make a change:  

“Once I questioned the use of injections, I went down a very scary rabbit hole.  I realized much of what I was taught about treating pain simply wasn’t true.  Yet despite this evidence, everyone kept telling me to do more injections.  My group liked them because they were easy to schedule, didn’t take long and paid well.  Referring doctors wanted me to do them because they thought injections would keep people off of opioids.  Even patients were telling me to do more injections because they heard somewhere they needed a “series of 3” (a completely made up practice by the way).  

However once I took a harsh look at ALL the research on chronic pain I had a difficult choice to make: 

Do I believe I’m somehow better than every other doctor out there including those publishing the studies?   Did I think that my injections, despite the lack of evidence, were helping people live happier healthier lives?  If these injections aren’t helping much, do I turn a blind eye and pretend I’m not likely to harm anyone with these injections?  Or do I leave my medical group and a traditional pain management practice? 

These were the only options I had at the time and it would be nice to say leaving was an easy decision. 

It wasn’t.  I had (and still have) student loan debt, a mortgage, and a young family support.   My practice was my livelihood.  But it was the right decision to make.” 

(You can see what Dr. Cuccaro is up to now by visiting his website, www.StraightShotHealth.Com)

Innovative research demonstrates those with chronic back pain have changes in how their brains process pain.  These changes are similar to those found in other chronic pain syndromes like fibromyalgia.  Additional research shows many of the structures often blamed for chronic back pain like “bulging” or  “degenerative” discs aren’t abnormal at all.  They’re also found in patients who don’t have back pain.

By always focusing treatment on structures located in the back, we are likely looking in the wrong place for many people who have chronic back pain. 

So what then can be done for chronic back pain?  Injections aren’t the answer and surgery should be viewed with caution.  Pain medications, particularly narcotics, for chronic pain have their own set of problems.

There are better ways of treating most people (excluding those with fractures, tumors or infections) with chronic low back and sciatic type pain. These treatments require patients to be engaged and active in their recovery.  They work because they help patients change their brain to stop the pain.  They do not temporarily cover up the symptoms like injections or medications do.  For those willing to challenge themselves and take control of their own healing process there is hope. 

I have conducted an outcome study of patients with chronic back and leg pain (these data have been presented at 3 conferences, the full study will be published soon).  All of them completed the 4-week mind body program I run in Michigan.  The results, at a six-month follow up evaluation, showed that over 50% of patients had a greater than 50% reduction in pain.  Almost two-thirds had at least a 30% improvement in pain.  These reductions in pain are highly significant and occurred in individuals who had an average duration of back pain of over 8 years.  The average pain score was over 5 on a 10-point scale prior to the program and averaged 2.8 at the six-month follow up.  Although some continued to have significant pain, many were pain-free.  

The patients I see have been willing to look at how stress has affected them and how it has caused both emotional and physical pain.  They made a commitment to heal.  They stopped fearing pain and took control over it.  They often made important changes in their lives.  This can be hard work, but their stories show that recovery is possible.    

Dealing with chronic back (and other) pain can be overwhelming and I see the ravages of chronic pain on my patients and their families every day.  When one is in severe pain, it’s difficult to resist the advice of doctors to have invasive procedures.  As the research shows, spinal injections do reduce pain for many people and most doctors are well meaning and honorable.  However, the studies also show this: If you’re told you need an injection for your back pain you might be getting an expensive, and potentially risky, placebo. 

UNCLE SAM… the latest “drug dealer” …DEA official says drug difficult to detect in mail

Image result for cartoon USPS truck

Fentanyl-related deaths skyrocket in Baltimore

http://www.wbaltv.com/article/fentanyl-related-deaths-skyrocket-in-baltimore/8681319

Over the past two years, fentanyl-related deaths have skyrocketed and officials said the product itself coming by a method we all use almost every day.

 “I died. I woke up in an ambulance. They were bringing me back to life,” said Douglas Frier Jr. “I hear the birds singing now. I really hear them.”

Frier struggled with addiction for 30 years and has now been in recovery for a little more than 18 months.

“Drugs through the mail. Was that ever something you came across?” WBAL-TV 11 News reporter Omar Jimenez asked.

“I was like, ‘Wow, that’s a nice way to get something.’ “The same drug that’s been killing everybody here in Baltimore, that fentanyl, they have ordered it through the mail,” Frier said.

It’s a common practice in the region.

“They’ll usually ship it in a container, a package that’s labeled as something else,” said Todd Edwards, special agent with the DEA.

The DEA said the latest spike in synthetic supply is coming in part from China, and it’s getting into Baltimore through every day packages.

“Whether it’s printer cartridges, printer toner, toys, something like that and they’ll ship it to whatever address you want,” Edwards said.

Authorities said one of the biggest challenges is the sheer volume of packages in circulation at any given time. For example, UPS said on average, on a non-peak day they deal with over 18 million packages and documents.

“Unless you have an ongoing investigation, it’s very hard to find these packages. Fentanyl is tasteless. It’s odorless. Dogs can’t detect it,” Edwards said.

So how do authorities even begin to tackle this?

“It’s just a very difficult job,” Edwards said.

The DEA said a dose of heroin is about a 10th of a gram, but fentanyl comes in micro-doses of one one thousandth of a gram, which is a grain of salt, but about 50 times more potent than the heroin itself.

“Now, it’s not only stuff you can get addicted to. It’s stuff that’s going to kill you,” Edwards said.

Through September of 2016 it killed 503 people in the Baltimore metro, more than three and a half times the amount from all of 2015, which was 137 deaths.

It’s a first-hand experience Frier hopes will change.

“I’ve seen people buy, walk around the corner, take a sniff and die right there. It’s frightening that our city has come to this, and I’m so scared that it’s going to deteriorate even further,” Frier said.

It is a feeling shared by the many fighting the epidemic on the ground, on the web and through a combination of those two in the mail.

The DEA said they’re trying to work with Chinese officials to open a third office there as they try and get a handle on the supply of synthetic drugs, specifically fentanyl, flowing into the region.

 

FALSE POSITIVE DRUG TEST …He is seeking damages for his loss of liberty and for emotional and psychological harm.

Former Middletown man’s false-positive drug test leads to lawsuit

http://www.recordonline.com/news/20170205/former-middletown-mans-false-positive-drug-test-leads-to-lawsuit

A drug test can change your life.

Test positive one day for an illicit drug, and you can lose your job, or your kids, your marriage or your freedom.

 Dec. 17, 2007, was that day for Eric Landon, formerly of Middletown.

He was two weeks from finishing probation for a felony forgery conviction. And then, a saliva drug screen showed a false-positive for marijuana.

“I was a guy that was, for the first and only time in his life, engaged to be married and become a stepfather to two young girls, was at the beginning of living and working in a perfect kind of town for me – Albany, and had career and business plans and opportunities stacked up and waiting to be activated by, and all timed, with one thing: the end of that probation sentence,” Landon said.

“And none of that ever got to happen.”

If not for Landon’s natural wariness – a trait that led him to get his own blood tests and to document everything – he would likely have gone to prison on that false-positive screen.

Instead, he’s David taking on a Goliath, and he helped make a new law.

Landon is suing the testing company, Kroll Laboratories LLC, in Orange County Supreme Court for negligence over its failure to follow established scientific and state standards for testing and reporting of results.

 Landon said the probation violation triggered by the test left him with diagnosed post-traumatic stress disorder.

He is seeking damages for his loss of liberty and for emotional and psychological harm.

This negligence claim – that a testing lab has a “duty of care” or responsibility to the person being tested – did not exist in New York law until Landon’s case.

Jackie Lustig, the senior director of corporate communications for Alere Toxicology, which now owns Kroll, said the company does not comment on ongoing litigation.

Lawyer Mitchel Ochs of Manhattan-based Anderson & Ochs LLP, who represents Kroll in Landon’s lawsuit, did not respond to multiple phone calls and an email seeking comment on the case.

In legal papers and during in-court arguments, Ochs has argued that Kroll’s labs did everything they were supposed to do in processing Landon’s sample.

Kroll denies that Landon has suffered damage that can be recovered through a negligence claim.

 

“Our argument is that nothing we did was the legal cause of the harm he claims,” Ochs argued in court on Aug. 18, 2015, according to a transcript.

“It was the county that took our – our results. It was the county that decided to do additional testing. It was the county that decided to commence violation of parole (sic) proceedings.”

According to court papers, Kroll offered, at one point, to settle Landon’s claim for $100,000.

Landon said he turned down the offer on principle. He wants his day in court.

Orange County spokesman Justin Rodriguez said the county no longer uses Kroll or Alere.

Since 2012, probation has used instant tests – three different companies since then, as pricing changes and technology improves – to administer the roughly 4,000 drug tests the department conducts annually.

As of late January, about 2,400 people were on probation in Orange County – about 40 percent of them for felonies.

 

‘Fatally flawed’

Landon said his case is about the principle.

“I want every probationer to find out that they should get their own blood test,” he said.

Documents show that Landon’s Dec. 17, 2007 specimen, once screened, didn’t contain enough material for confirmation.

New York’s testing standards – which labs must follow to maintain a license to operate in the state, and which Kroll was obliged to follow by its contract with Orange County – require that an insufficient sample be discarded as “fatally flawed.”

If Kroll had followed those requirements, there would have been no extension of probation and no anguish, Landon argues.

In 2001, Landon was arrested on forged-prescription charges.

 

He says he had been prescribed opioids for intractable migraines and became dependent, but he makes no excuses for the crime.

He pleaded guilty to second-degree forgery, a felony, and was sentenced in January 2002 to five years of probation.

An early drug test showed positive for marijuana; Landon said that, too, was a false-positive.

 

He started getting his own blood tests immediately after every probation test.

False-positives can be caused by environmental exposure to a drug, or by medications. Confirmation testing weeds out those false alarms.

Dec. 17, 2007 was supposed to be Landon’s last probation appointment.

He had a full-time retail job and part-time funeral services work waiting for him upstate.

 

“I was laying the first row of bricks in the foundation in Albany, when everything was made different – and far worse – for me,” Landon said.

The probation officer asked him to take one last drug test, using the then-standard OraSure Intercept saliva swab kit.

Court documents show that Kroll notified the probation officer of the positive screen on Dec. 20, 2007.

She requested a confirmation test and filed paperwork to revoke probation, charging Landon with testing positive for marijuana and denying that he had used marijuana.

Kroll’s documentation shows that they could not perform the confirmation because the sample was insufficient.

Court of Appeals victory

On Jan. 2, 2008, Judge Jeffrey Berry extended Landon’s probation until the test issue could be resolved, despite Landon’s proof of clean blood test results and despite him passing a urine test that morning at the courthouse.

 

As the probation fight unfolded, Landon says, his relationship with his long-term girlfriend deteriorated.

Landon and his lawyer demanded a hearing.

In mid-March 2008, according to court papers, probation withdrew the revocation petition, and Judge Berry released Landon from probation.

Landon said he called a lawyer from the parking lot to start his lawsuit.

As the civil case began, Landon’s relationship with his girlfriend ended. He moved to Erie, Pa., hoping for a fresh start.

Lawyers Robert Isseks and Kevin Bloom filed a federal class-action lawsuit against Orange County, probation, the probation officer and her boss, and Kroll on behalf of Landon and others similarly situated.

That case was dismissed after they failed to amend a flawed complaint.

 

The lawyers then filed a new class action against Kroll in Orange County Supreme Court, but the court dismissed the claim, accepting Kroll’s argument that they were responsible only to the county.

By the time the state’s highest court was ready to hear his appeal, Landon had parted ways with Isseks and Bloom over strategy disagreements.

Landon argued his own case before the Court of Appeals on Sept. 3, 2013. His victory there resurrected his lawsuit.

Landon’s life revolves around the litigation.

He does his legal research at the Erie County, Pa., courthouse.

He writes his own briefs, investigates witnesses, and makes the six-hour drive to argue his case in court.

He has devoted his limited spare time and money to rescuing and caring for stray cats.

 

“I haven’t sat in a restaurant in eight years,” he said. “I haven’t been on a date. I haven’t been to a concert.”

His case survived bids by Kroll for dismissal in 2015 and again in November.

Landon lost his economic harm claim because he couldn’t document the expenses and losses, but Orange County Supreme Court Judge Catherine Bartlett ruled that his claims on loss of liberty and emotional harm will go forward.

Kroll appealed the latest ruling.

Landon’s case returns to court for a pretrial conference on March 30, when Judge Bartlett will likely set the trial date.

 

Caregivers…. GIVING THE WRONG CARE ?

Nine in 10 carers are giving patients the wrong drugs

http://themissouriinjuryblog.com/23684/nine-in-10-carers-are-giving-patients-the-wrong-drugs/

More than 90 per cent of carers looking after people at home make potentially deadly errors with their medicines, according to a new study.

Sick and elderly patients are being given the wrong drugs, overdoses or, in some cases, no medication at all. The mistakes are being made by paid care workers and people looking after their own relatives.

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Experts fear that thousands are unwittingly being put in danger because drug administration at home is rarely monitored.

More than 90 per cent of carers are making deadly errors with their medicines. Sick and elderly patients are being given the wrong drugs, overdoses or no medication at all (file photo)

Researchers who carried out the study warned: ‘Home medication administration errors by carers are a potentially serious patient safety issue.’

NHS medication blunders have been in the spotlight in recent years. A report in December claimed one person a week dies because doctors or nurses give them the wrong drug, or too high or low a dose of the right drug. And a 2015 study in the British Medical Journal found one in 100 NHS patients is exposed to potential harm through medics’ drug blunders.

But researchers claim far less attention has been paid to mistakes made by carers tending patients in their own homes. They fear, with an ageing population, the risk of serious life-threatening errors will increase. It is estimated that 60 per cent of adults in the UK will act as a carer to an elderly relative at some point.

Experts blame the number of pills many people have to take. It is thought that 60 per cent of adults in the UK will act as a carer to an elderly relative at some point in their lives (file photo)

Thousands of elderly people in Britain take a daily cocktail of medicines to manage chronic health conditions such as dementia, high blood pressure and raised cholesterol.

A team from the London School of Economics, Imperial College London and Oxford University studied research databases for home drug blunders. 

The results revealed that 92 per cent of home carers had made at least one potentially serious medication mistake. 

Faults ranged from giving dangerously high doses to forgetting them completely.

One in 12 admitted giving too little medicine and one in 15 an accidental overdose.

Researchers blamed the number of pills many people have to take, problems understanding prescription instructions and poor communication between carers sharing responsibility.

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Previous studies have found that one in eight patients at home has suffered serious side effects from drug blunders.

Joshua Gaffney, 22, from Yeovil, Somerset died after being given six bottles of prescription medication when he was supposed to have little more than a teaspoon

A young man died after being given six bottles of prescription medication when he was supposed to have a little more than a teaspoon.

Joshua Gaffney, 22, was given 84ml of the psychosis drug Clozapine instead of 6ml shortly before being found dead at his home in February 2012.

A post-mortem examination and toxicology report found that the cause of death was acute Clozapine poisoning.

Nurse Amanda Young, 41, was cleared of manslaughter but was struck off in January last year after a Nursing and Midwifery Council disciplinary panel ruled she could no longer treat patients as her ‘misconduct is fundamentally incompatible with continuing to be a registered nurse’.

Young administered 14 times the right dose of Clozapine to Mr Gaffney, above, while he was being treated for schizophrenia at home in Yeovil, Somerset.

Mr Gaffney’s mother Tina Marren said her family had been ‘devastated’ by his death.

In a report on the findings, the researchers said: ‘Medications are mostly taken in patients’ own homes, increasingly administered by carers. But studies on safety have been largely conducted in the hospital setting. The home care setting should be a priority for the development of patient safety interventions.

‘The number of carers will rise by around 60 per cent over the next three decades. They will be in a position to hinder or help the safety outcomes of those cared for.’

Royal College of GPs chair Professor Helen Stokes-Lampard said: ‘Carers such as family members and parents do a really difficult but vital job.

One in 12 admitted giving too little medicine and one in 15 an accidental overdose, according to researchers at the London School of Economics (file photo)

‘It can be challenging to ensure relatives with long-term conditions are taking the right dose at the right time. Patient safety is really important and carers can seek advice from their pharmacist or GP.’

Hugh Williams, of the charity Action Against Medical Accidents, said: ‘It is easy to see that this might result in serious injury or even fatalities.

‘Carers provide a vital role and it is essential that they get the support they need.’

Another example of the DEA re-interpreting the CSA to serve their agenda ?

Man sentenced for selling synthetic marijuana at Delavan store

http://www.gazettextra.com/20170206/man_sentenced_for_selling_synthetic_marijuana_at_delavan_store

MILWAUKEE—The man who owned the Delavan Smoke Shop and sold pounds of synthetic marijuana as incense will serve five years of supervised release with nine months of home confinement, a judge decided.

David Yarmo, 49, pleaded guilty in November to selling a misbranded drug in 2014 and money laundering charges.

U.S. District Judge Lynn Adelman handed down his sentence Friday in federal court in Milwaukee.

Both offenses stemmed from his selling packages of aromatic potpourri that did not list the controlled substance AB-Fubinaca as an ingredient. He also wrote a check to his supplier using money earned from prior sales of the packages.

According to a memo filed with the court by Yarmo’s attorney, John Markham of Boston:

In 2006, Yarmo bought the business at 127 Park Place, which was frequented by police officers, attorneys and judges.

Yarmo was a valued member of the community, operating a store that had 10 full- and part-time employees at one time. The store sponsored concerts in a local park and had donated sound equipment to the city’s park and recreation department.

In September 2012, the Drug Enforcement Administration seized Yarmo’s incense inventory, valued at $100,000, alleging it contained a drug similar in chemical structure to a controlled substance.

Yarmo sued to get his inventory returned, arguing that it did not contain a banned substance. However, in May 2013, before the court could rule on Yarmo’s request, the DEA listed a substance in his inventory as a controlled substance, and the court concluded it could not return it to him.

In February 2014, the DEA listed AB-Fubinaca as a controlled substance. On April 4, 2014, the DEA and local law enforcement returned to Yarmo’s shop and seized packages that contained AB-Fubinaca.

Yarmo had bought 778 pounds of “aromatic potpourri,” which contained AB-Fubinaca, between Feb. 26 and March 28, 2014, according to the plea agreement.

The DEA also seized the balances of two of Yarmo’s bank accounts, totaling $776,097, contending they were obtained from the sale of controlled substances.

Yarmo agreed to forfeit $404,802, the store’s checking account balance, which was obtained from AB-Fubinaca sales received after it was listed as a controlled substance. The government returned the store’s $371,295 savings account balance to Yarmo.

Yarmo maintained that he did not know AB-Fubinaca had become illegal to possess, but he conceded that the government did not have to prove he knew that AB-Fubinaca was a controlled substance, only that he was selling a substance the government could prove he knew contained AB-Fubinaca.

The Smoke Shop was closed by court order in a nuisance lawsuit the city of Delavan filed in Walworth County Court.

Yarmo has since opened a store in Harvard, Illinois, but sells no loose incense products. Residency law requires him to live there, but he commutes to the Delavan area to be with his family, Markham said.

Markham had asked Adelman for a probation-only sentence, arguing that Yarmo was unaware that AB-Fubinaca had been listed as a controlled substance only seven weeks before his store was searched.

Hemp Industries Association Sues DEA

Hemp Industries Association Sues DEA Over Illegal Attempt to Regulate Hemp Foods as Schedule I Drugs

http://www.military-technologies.net/2017/02/06/hemp-industries-association-sues-dea-over-illegal-attempt-to-regulate-hemp-foods-as-schedule-i-drugs/

WASHINGTON, Feb. 6, 2017 /PRNewswire-USNewswire/ — The Hemp Industries Association (HIA), the leading non-profit trade association consisting of hundreds of hemp businesses, has filed a motion to hold the Drug Enforcement Administration (DEA) in contempt of court for violating an unchallenged, long-standing order issued by the U.S. Court of Appeals in San Francisco, prohibiting the agency from regulating hemp food products as Schedule I controlled substances. Specifically, the HIA asserts that the DEA continues to operate with blatant disregard for the 2004 ruling made by the Ninth Circuit Court of Appeals, which permanently enjoined the DEA from regulating hemp fiber, stalk, sterilized seed and oil, which are specifically exempted from the definition of ‘marijuana’ in the federal Controlled Substances Act.

To read the motion, please visit: https://thehia.org/resources/Documents/Legal/HIA-v-DEA-9th-Circuit-Motion.pdf.

“We will not stand idly by while the DEA flouts the will of Congress, violates the Ninth Circuit order, and harasses honest hemp producers trying to make a living with this in-demand crop,” said Colleen Keahey, Executive Director of the Hemp Industries Association. “Hemp is a healthy superfood with vital nutrients such as Omegas 3 and 6, protein, fiber and all 10 essential amino acids that are ideal for today’s family.  The DEA must stop treating hemp, hempseed and hempseed oil, which is a nutritious ingredient, as something illicit. We have to address the challenges that thwart the domestic industry’s progress and especially those that mislead state Departments of Agriculture and limit entry of legal hemp products into the marketplace.”

Historically, the DEA has made persistent efforts to regulate hemp products. In 2001, DEA issued an Interpretive Rule attempting to ban all hemp seed and hempseed oil food products that contained even minuscule, insignificant amounts of residual THC. The HIA immediately filed suit to stop the enforcement of this rule, which resulted in what became known as the “Hemp Food Rules Challenge.”  Ultimately, the subsequent ruling made by the Ninth Circuit issued serendipitously on February 6, 2004, found that the DEA had not followed necessary scheduling procedures to add non-psychoactive hemp to the list of Schedule I controlled substances; and additionally, that Congress clearly did not intend that hemp be prohibited by the Controlled Substance Act when it adopted language from the 1937 Marijuana Tax Act to define the drug ‘marijuana.’ To read the full 2004 court opinion, please visit: http://www.votehemp.com/PDF/HIAvDEA_9th_final_decision.pdf.

In December of 2016, the DEA in conjunction with the North Dakota Department of Agriculture (NDDA) indicated to Healthy Oilseeds, LLC that shipment of the company’s hemp products made from hemp grown under the state’s hemp pilot program and Congress’ Agricultural Act of 2014 (Farm Bill), would require a permit from the DEA, as the hemp protein powder and hempseed oil food items were subject to DEA regulation. Specifically, Healthy Oilseeds received communication from the NDDA stating that export of its hemp products to other states was prohibited, “because industrial hemp is a Schedule I controlled substance under the Federal Controlled Substances Act.” To view this correspondence between NDDA and Healthy Oilseeds LLC, please visit: https://thehia.org/resources/Documents/Legal/HIA-v-DEA-9th-Circuit-Motion-Exhibits.pdf.

DEA’s actions violate the clear Congressional intent of not only of the Farm Bill, which defines industrial hemp as distinct from ‘marijuana’ and legalizes its cultivation and processing under licensing programs in place in 31 states; but also further violate the Consolidated Appropriations Act of 2016, which specifically prohibited federal authorities from using funds to obstruct the “transportation, processing, sale, or use of industrial hemp…within or outside the State in which the industrial hemp is grown or cultivated.” Hence, the DEA may not require lawfully licensed hemp farmers or manufacturers in the U.S. to register for a permit to engage in interstate commerce of industrial hemp products.  Indeed, by taking this action, the DEA is violating federal law, misusing taxpayer dollars, and thumbing its nose at Congress.

“Here in Kentucky, our Commissioner of Agriculture, Ryan Quarles, has built a successful pilot program that works closely with local law enforcement and is creating desperately needed economic opportunity for hundreds of farmers,” stated Bill Hilliard, CEO of Atalo Holdings, Inc.  “As states have wisely taken the initiative in this growing industry, the DEA doesn’t need to be interfering on our farms.”

Joe Sandler, HIA’s lead counsel, further stated:  “Thirteen years ago DEA was told in no uncertain terms by the U.S. Court of Appeals that Congress had made its intent clear:  DEA has no power to regulate hemp seed and oil, and the hemp food and beverage products made from them.  It is disappointing that the industry has to revisit the issue, and take this step to compel DEA to obey the law.”

On January 13, 2017, the Hemp Industries Association, among other petitioners, filed a Petition for Review with the Ninth Circuit Court of Appeals, to challenge the DEA’s recent effort to append Schedule I of the Controlled Substances Act to include lawful hemp-derived non-psychoactive cannabinoids such as cannabinol, which the DEA has arbitrarily termed “Marijuana Extract.” In addition to this suit, and today’s actions taken to affirm the legality of hemp food products, the HIA does intend, in due course, to challenge the DEA’s repeated refusal to abide by other Congressional directives on industrial hemp.

The Hemp Industries Association (HIA) represents the interests of the hemp industry and encourages the research and development of new hemp products.  More information about hemp’s many uses and hemp advocacy may be found at www.TheHIA.org.

To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/hemp-industries-association-sues-dea-over-illegal-attempt-to-regulate-hemp-foods-as-schedule-i-drugs-300402745.html

SOURCE Hemp Industries Association