Still no charges for Kona doctor arrested for alleged state Uniform Controlled Substances Act violation

http://westhawaiitoday.com/news/local-news/still-no-charges-doctor

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Judge Denies Return of Assets to MedWest Distribution in San Diego

ireadculture.com/judge-denials-return-assets-med-west-distribution-san-diego/

Judge Jay M. Bloom denied the request to return the assets that were seized by San Diego police officers and Drug Enforcement Administration (DEA) agents during a raid on San Diego medical cannabis business MedWest Distribution on January 28, 2016.

The ruling was dated for Wednesday, November 16, however the attorneys for MedWest Distribution’s owner, James Slatic, heard of the ruling two days later on Friday. Slatic’s lawyers stated they plan to appeal the ruling.

Wesley Hottot of the Institute for Justice is part of the nonprofit representing Slatic. He told San Diego Union Tribune that the next plan is to appeal the ruling. “This isn’t just wrong; it’s unconstitutional,” Hottot said. “And we will be appealing to ensure that the Slatics’ money is quickly returned to them.”

The assets that were seized back in January were worth $324,000 in cash and inventory. Days following the raid, Slatic’s personal bank accounts in addition to his wife’s and two daughters were all frozen. MedWest was a licensee for 30 different kinds of cannabis medicine in addition to producing vape pen cartridges and cannabis infused products. Slatic was never charged with any crimes following the raid, despite two employees being arrested during the raid. They were also released without being charged. MedWest paid its business taxes, and city officials even toured the facility to ensure its compliance before it opened.

The Institute for Justice noticed these actions as unconstitutional, and they stepped up to represent Slatic. Attorney Allison Daniel previously told CULTURE, “What the government did to the Slatics is simply unconstitutional. The San Diego DA moved to seize money under California’s civil forfeiture statues. And while civil forfeiture can be complicated, the Slatics’ legal argument is simple.” She continued to explain that James Slatic did not commit a crime, therefore the money belonging to the Slatics cannot be connected to any crime. She continued to say, “All the family’s money must be returned under the California Constitution and the U.S. Constitution,” Daniel said. “This case illustrates the abusive power of civil forfeiture at its worst.”

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Kroger, CVS, and Walgreens settle lawsuit with West Virginia for $3 million

http://www.whsv.com/content/news/Kroger-CVS-and-Walgreens-settle-lawsuit-with-West-Virginia-for-3-million-390332992.html

CHARLESTON, W.Va. (WHSV) — Kroger, CVS, and Walgreens have settled a lawsuit with West Virginia over prescription drugs for about $3 million, according to West Virginia Attorney General Patrick Morrisey.

This is the latest development in a lawsuit that targeted five defendants over cost savings derived from the sale of generic prescription drugs.

Morrisey announced combined settlements of nearly $3 million to resolve disputes with Kroger, CVS and Walgreens, pushing total settlements in the broader case past $7.8 million.

The settlements require Kroger, CVS and Walgreens to pay their respective amounts and implement compliance programs in accordance with the state’s Pharmacy Act, which requires pharmacies to pass retail savings from the sale of generic prescription drugs onto consumers.

“All companies operating in West Virginia must respect her laws,” Attorney General Morrisey said. “These settlements demonstrate our commitment to vigorously enforce the law.”

The Kroger, CVS and Walgreens agreements follow a $4.9 million settlement with Rite Aid. Litigation against the remaining defendant continues in Boone Circuit Court.

The lawsuit alleged the pharmacies failed to accurately calculate and pass along retail savings from the sale of generic prescription drugs. It further alleges each instance constituted a violation of the state’s Consumer Credit and Protection Act.

Kroger, CVS and Walgreens deny any wrongdoing as part of the settlement. Parties agreed to the financial payout and implementation of the pharmacies’ compliance programs to avoid the distraction and expense of continued litigation.

Kroger, CVS and Walgreens must implement and execute their compliance programs within two years of the settlement. The programs’ scopes are limited to those customers whose transactions are not covered by insurance.

Individually, the settlements are valued at $1,352,941.18 with Kroger, $1 million with CVS and $575,000 with Walgreens.

You can view copies of the executed agreements with each company in the ‘Related Links’ section of this article.

Full agreement with Kroger
Full Agreement with CVS
Full Agreement with Walgreens

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This showed up in my inbox today… this is from a staffer from a National Pharmacy Association that I have been a member of since 1983, only national pharmacy association that I have been a member of. 

Hi Steve,

We’ve been contacted by a reporter who is looking into increasing rates of prescription drugs, particularly painkillers, that are lost or stolen during shipment, typically via mail. Can you think of any patients who have voiced such experiences, either via your blog or directly to you?

The reporter wishes to keep it somewhat discreet for now but agreed to let me contact some patient advocates like you for patient leads in hopes of interviewing some people.

Feel free to have anyone contact me and I can forward along to the reporter. It seems like a good opportunity to highlight patient access issues in the chronic pain area. Thanks for your time and consideration.

Best,

Kevin

Kevin Schweers

Senior Vice President, Public Affairs

National Community Pharmacists Association

(703) 838-2682

kevin.schweers@ncpanet.org

The National Community Pharmacists Association (NCPA®) represents the interests of America’s community pharmacists, including the owners of more than 22,000 independent community pharmacies. Together they represent an $81.5 billion health care marketplace and employ more than 250,000 individuals on a full or part-time basis. To learn more, go to www.ncpanet.org, visit facebook.com/commpharmacy, or follow NCPA on Twitter @Commpharmacy.

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Quest Diagnostics data breach puts health care security in the spotlight

http://www.foxnews.com/tech/2016/12/14/quest-diagnostics-data-breach-puts-health-care-security-in-spotlight.html

Quest Diagnostics joined the list of health care companies targeted by hackers this week when it announced a data breach that exposed the health information of about 34,000 people.

In a statement released Monday, the diagnostics specialist said that “an unauthorized third party” accessed a mobile app called MyQuest by Care360 on Nov. 26 this year. Data accessed included name, date of birth, lab results, and, in some instances, phone numbers, according to a Quest Diagnostics statement.

Quest Diagnostics said that Social Security numbers, credit card information, insurance and other financial information was not accessed. “There is no indication that individuals’ information has been misused in any way,” it said, in its statement.

The Madison, N.J.-based company said that it immediately addressed the vulnerability when it discovered the intrusion. “Quest is taking steps to prevent similar incidents from happening in the future, and is working with a leading cybersecurity firm to assist in investigating and further evaluating the company’s systems,” it added. “The investigation is ongoing and the unauthorized intrusion has been reported to law enforcement.”

Quest Diagnostics provides diagnostic services to one in three adult Americans each year, as well as half of the physicians and hospitals in the U.S.

The breach is the latest in a string of high-profile cyberattacks in the health care sector. Last year, for example, health insurance giant Anthem announced a massive breach that compromised the data of 78.8 million people.

In February this year, a Los Angeles hospital paid nearly $17,000 in bitcoins to hackers who disabled its computer network. In August Newkirk Products, which issues ID cards for health insurance plans, announced that a server containing personal information had been breached.  

Also this year, a hacker claimed to be selling 655,000 alleged patient health care records on the dark web, containing information such as social security numbers, addresses, and insurance details. The dark web, or darknet, refers to private networks built from connections between trusted peers using unconventional protocols. Dark Web is just one part of what is known as deep web – a vast network which is not indexed by search engines such as Google and Bing.

With the Quest Diagnostics breach, health care security has been thrust into the spotlight once again, according to Israel Levy, the CEO of security company BUFFERZONE.

“For hackers, developing a targeted attack is a significant effort, so it’s no surprise that they focus on healthcare organizations that store highly valuable patient data (significantly more valuable than credit cards on the Dark Web!),” he told FoxNews.com, via email. “[The Quest Diagnostics] breach is yet another indication that despite regulations like HIPAA, healthcare organizations still aren’t doing enough to protect themselves.”

The Health Insurance Portability and Accountability Act (HIPAA) aims to ensure the privacy of medical information.

Data released earlier this year by security researcher Ponemon Institute said that breaches could be costing the health care industry $6.2 billion annually.

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DEA Hurts Growing Industry and Exceeds its Authority Regarding Scheduling Controlled Substances; Enacts Final Rule Seeking to Make Any Extract of the Cannabis Plant a Schedule 1 Drug

http://www.einnews.com/pr_news/358098567/dea-hurts-growing-industry-and-exceeds-its-authority-regarding-scheduling-controlled-substances-enacts-final-rule-seeking-to-make-any-extract-of-the

As I have stated before.. our “shadow government regulators” tend to “go off the reservation” when we are between Presidents and Congress not being in session.  This is just a TEXTBOOK example of such.  I expect Kratom to be re-scheduled before Jan 20th to a C-I substance by the DEA and they will be blaming the FDA because they can’t provide “clinical evidence” of Kratom having a safe/therapeutic value.

DENVER, CO–(Marketwired – December 14, 2016) – On December 13, 2016, the DEA issued its Final Rule, “Establishment of New Drug Code for Marihuana Extract,” which serves to potentially devastate developing businesses and consumer, textile and manufacturing industries related to cannabinoids. Robert Hoban, a cannabis, cannabinoid and hemp lawyer and expert as well as an adjunct professor of law at The University of Denver, states the DOJ and DEA cannot unilaterally make law and schedule controlled substances, thus causing this Final Rule to exceed the DEA’s authority. Instead, such actions require an act of Congress.

As is the case here, the DEA is an agency that has previously sought to exceed its authority contrary to applicable law. It is anticipated that this “final ruling” and determination will be challenged both in court and administratively across the country. With 28 states that already have medical cannabis laws on the books, 8 states passing adult use laws in the November election, and numerous other states enacting industrial hemp legislation, the industry is up for the challenge of litigation against any government agency that operates contrary to prevailing law and enforcement policies.

The DEA’s Final Rule seeks to broadly expand and override existing definitions of controlled substances by newly creating a “Marihuana Extract” classification. The effect of this Final Rule appears to be incorporation of any and all cannabinoids from the Cannabis plant as a Schedule 1 controlled substance, despite the fact that many such cannabinoids are naturally occurring derived from non-“marihuana” portions of the plant or or from entirely different plants altogether. Problematically, the Final Rule fails to acknowledge there exist certain parts of the plant, and certain types of the plant — namely, industrial hemp — which cannot and should not be treated as a “Marihuana Extract.” Notably, the DEA has sought to unilaterally create laws before, and has lost, when challenged.

Hoban surmises, “The feeling is that this is an action beyond the DEA’s authority and we believe this is unlawful and we are taking a course of action for our clients. This Final Rule serves to threaten hundreds, if not thousands, of growing businesses, with massive economic and industry expansion opportunities, all of which conduct lawful business in reliance upon the Federal Government also acting pursuant to law, and as ordered by the Ninth Circuit in 2003 and 2004. We will see the Federal Government in court.”

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Prescription Drug Errors May Be Concealed by Nursing Home Management or Staff

www.marylandnursinghomelawyerblog.com/2016/12/prescription-drug-errors-may-concealed-nursing-home-management-staff.html

A pharmaceutical journal’s review of a recently conducted study concerning the prevalence of prescription errors in nursing homes found that while the total number of errors was relatively high, the prevalence of incidents that result in serious complications from the mistakes was surprisingly low. There could be several reasons for the higher-than-normal rate of prescription errors in nursing homes.

For one, nursing home residents are more likely than the general population to be receiving medical treatment that includes prescription medication. Nursing home staff may be responsible for dispensing out hundreds of medications from different doctors and pharmacies to various patients, who may not be verifying that they are receiving the correct medicine or dosage and could be harmed as a result. The study found that the level of serious incidents due to these errors was lower than expected, which the authors of the article attributed to the possibility that the errors that led to serious problems were being underreported or misclassified.

Nursing Home Residents’ Condition May Worsen for Various Reasons

Residents of nursing homes often have serious medical problems for which they are being treated while living at a nursing facility. If a prescription error is made by a pharmacy or employee of the nursing home and causes a significant injury, illness, or death, the nursing home employees and management may not wish to reveal the error leading to the resident’s complications and instead attribute it to a more common or accidental cause.

This pattern of blaming negligence on an unrelated cause for which the home would not be liable occurs frequently in nursing homes with all sorts of illnesses, injuries, and complications. If a resident or their family does not suspect a medication error resulted in harm to the resident, they may never check the records. Worse yet, the records may not have been properly kept to document which medications were actually dispensed to the residents and by whom.

Victims of Nursing Home Prescription Errors Are Entitled to Relief

Nursing home residents who are affected by prescription errors are often in a difficult position because it may be hard to find the cause of their health problems. If it is determined that a resident was given the wrong medication by the staff or a pharmacy as a result of a prescription error, the residents or their family may be entitled to damages. In cases in which the nursing home management actively works to conceal or destroy evidence of the true source of a serious error, victims and their families may be entitled to additional damages or other procedural benefits, such as the extension of the statute of limitations for filing a nursing home prescription error claim for relief.

Maryland Nursing Home Abuse and Prescription Error Attorney

If you or a loved one has suffered from an illness or injury while a resident at a nursing home, and you suspect it is a result of a prescription error or other neglect or abuse, you may have a case for damages against the parties responsible for the mistake. The Maryland prescription error and nursing abuse lawyers at Lebowitz & Mzhen, LLC may be able to help you seek the compensation your loved ones and you deserve. Our skilled Maryland, Virginia, and Washington, D.C. attorneys can fight to hold nursing homes up to the standard of care that they guarantee. We can take action to alleviate the harms caused by a serious prescription error or another act of neglect or abuse. At Lebowitz & Mzhen, we represent clients in Maryland, Northern Virginia, and the entire Washington, D.C. area in all nursing home abuse and neglect cases, including prescription mistakes. Call us toll-free at 1-800-654-1949 or contact us online to schedule a free consultation today.

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New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal

https://www.leafly.com/news/politics/new-dea-rule-says-cbd-oil-really-truly-no-joke-illegal

The US Drug Enforcement Administration (DEA) this morning made CBD oil a little more federally illegal in a little-noticed bureaucratic maneuver this morning.

“This code,” wrote DEA Acting Administrator Chuck Rosenberg, “will allow DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana.” The move, the Register entry explained, is meant to bring the US into compliance with international drug-control treaties.

There is no major change in law brought about by the Register item. Rather, it serves to clarify and reinforce the DEA’s position on all cannabis extracts, including CBD oil. That position is: They are all federally illegal Schedule I substances.

CBD oil derived from hemp is now commonly available nationwide via web sites and mail order services. Those operations survive on the assumption that cannabidiol products below the legal threshold for THC percentage in hemp (0.3 percent or less) are technically legal.

Not so, says the DEA.

In the DEA comment on the entry, Rosenberg directly addressed the question: What if it’s only cannabidiol (CBD) and no other cannabinoids? The agency’s response: “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code” and therefore remain federally illegal. In other words: The DEA is confident that it can find enough traces of other cannabinoids in your CBD oil to arrest and prosecute. And if they can’t, they still have the option of arresting and prosecuting based on the CBD oil itself.

RELATED STORY

Is CBD from Cannabis the Same as CBD from Cannabis?

Is your CBD derived from hemp? Doesn’t matter to the DEA. The new extracts classification applies to all “extracts that have been derived from any plant of the genus Cannabis and which contain cannabinols and cannabidiols.” Hemp is not a separate genus. (Although it may be a separate species; lot of debate on that point.) Legally speaking, hemp is simply cannabis with no more than 0.3 percent THC content.

The new rule seems to clarify the DEA’s position on hemp-derived CBD, which entered a legal gray area following Congress’ passage of the 2014 farm bill. That legislation allowed certain states to grow hemp in pilot projects, and blocked federal law enforcement authorities (ie, the DEA) from interfering with state agencies, hemp growers, and agricultural research.

What DEA Administrator Rosenberg seems to be saying with this clarification is: You may be able to grow hemp. But if you try to extract CBD oil from it, the DEA considers that a federal crime.

The rule did not contain any hint as to when the DEA will step into the 21st century and stop using the archaic version of the word “marihuana.”

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As Afghan Trade Booms, DEA Insists U.S. Heroin Is Mostly Mexican

http://www.breitbart.com/national-security/2016/12/14/afghan-trade-booms-dea-insists-u-s-heroin-mostly-mexican/

Only an estimated one percent of the heroin seized by law enforcement in the United States originates from the Southwest Asia region that includes Afghanistan, the top producer of opium and heroin in the world, reports the Drug Enforcement Administration (DEA) in its latest National Drug Threat Assessment.

The report comes as the Centers for Disease Control and Prevention (CDC) reveals that heroin overdose deaths in the United States have reached historic levels, surpassing gun homicides.

According to estimates from the United Nations, Afghanistan produced 4,800 tons of opium last year, 25 times more than when the United States invaded in 2001.

In comparison, Mexican drug cartels produced an estimated 70 tons of heroin.

The DEA insists that very little of the heroin from the Afghanistan region makes it into the United States because traffickers from Southwest Asia are unable to compete with Mexican drug cartels. These provide a higher potency, cheaper form of the deadly drug.

The DEA threat assessment report states:

Southwest Asian (SWA) heroin is, by far, the most common type of heroin produced in the world; however, its availability in the U.S. market is very low. In 2014, SWA heroin accounted for only one percent of the total weight of heroin classified by the [DEA], down from two percent in 2013, for several reasons.

The domestic supply of Mexico-sourced heroin is more than sufficient to satisfy current U.S. market demand. Moreover, Mexican heroin traffickers are able to keep the supply steady and reliable. This is evidenced by high availability levels in U.S. heroin markets and low retail-level prices.

The purity level of Mexican heroin is also higher than that produced in the Afghanistan region, which makes the drug more desirable to addicts in the United States.

Mexican cartels are reportedly the top suppliers of heroin in the U.S., and they are making a concerted effort to expand the deadly heroin market and increase the availability of the drug.

The DEA reports:

Heroin from all four source areas (Mexico, South America, Southwest Asia, and Southeast Asia) is available [in the U.S.] to varying degrees; however, analysis of DEA heroin indicator programs data, production and cultivation estimates, and seizure data indicates Mexico is the predominant source of heroin in the United States. South America is the second most common source of heroin.

Smaller amounts of Southwest Asian heroin are available in certain areas, but most Southwest Asian heroin supplies markets in Africa, Asia, and Europe.

The DEA estimates are based on seizures analyzed by the agency. In the report, the DEA acknowledges that its estimates only “provide a snapshot of the U.S. heroin market,” adding that “since not all heroin seizures in the United States are submitted for analysis, the source area proportions should not be characterized as market share.”

The DEA has noted in previous drug threat assessments that most of the heroin flowing into neighboring Canada primarily originates in Afghanistan, but it maintains that Mexico and, “to a lesser extent Colombia,” are the top providers of the fatal drug in the United States.

Heroin seizures along the Southwest border (SWB) have increased dramatically from 559 kilograms in 2008 to 2,524 kilograms last year.

The CDC reports that opioid deaths, primarily driven by heroin overdoses, surged in 2015, surpassing 30,000 for the first time in recent history.

Mexican cartels are expected to continue unrivaled as “the greatest criminal drug threat to the United States,” notes the DEA, adding, “No other group is currently positioned to challenge them.”

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Leading the Way? Northern California Cities To Embark On Soda Tax Spending

khn.org/news/leading-the-way-northern-california-cities-to-embark-on-soda-tax-spending/?

Asian Health Services, a community health center in Oakland’s buzzing Chinatown, sees about 6,000 dental patients a year. Hundreds of others are on a waiting list.

“We simply cannot meet the demand,” said Dr. Huong Le, the center’s dental director.

But now that voters have passed soda taxes in Oakland, Albany and San Francisco, Le and other Bay Area health providers are eyeing millions of dollars in revenue that could help more patients prevent obesity and dental decay.

The San Francisco Bay Area is trying to lead the way in putting soda tax revenues to good use, and cities around the country are watching closely. Some are considering soda taxes of their own.

“Soda taxes are going to be spreading like wildfire,” said Harold Goldstein, executive director of the Davis-based nonprofit Public Health Advocates.

Asian Health Services, a community health center, supports the city’s tax on sugary beverages in hopes that revenue collected from the tax will go towards combating tooth decay. (Ana B. Ibarra/California Healthline)

The city of Berkeley, also in Alameda County, passed the nation’s first such tax in 2014.

In San Francisco, the tax, which takes effect Jan. 1, 2018, is expected to raise up to $15 million annually. Meanwhile in the smaller city of Albany, the tax took effect immediately and is projected to garner $223,000 each year. In Oakland, the penny-per-ounce tax on the distribution of sugar-sweetened beverages is projected to bring in up to $8 million each year, some of which will be used for health education and prevention programs in schools and the community. It takes effect in July.

“We felt this was very important because of the dental needs we see within our patient population,” Le said. “We know there’s a strong link between tooth decay and sugary beverages.”

The link between sugary beverages and obesity, diabetes and tooth decay is well-established. People who drink one or two cans of sugary drinks per day have a 26 percent greater risk of developing type 2 diabetes, according to one study by the Harvard School of Public Health.

A separate study found that for every 12-ounce soda consumed by a child each day, their odds of becoming obese increased by 60 percent. Soda also has been tied to dental erosion which can lead to cavities, according a 2009 study. The most frequent sources of erosive acids are soft drinks like cola, the study found.

In a report earlier this this year, an oversight commission criticized the state’s dental program for the poor, finding that California is seeing an “epidemic of tooth disease in which toddlers by the thousands have mouthfuls of cavities, children and adults are plagued with toothaches.” This is made worse when families struggle to get an appointment with a dentist, the report said.

In Oakland and the rest of Alameda County, one third of children consume one or more sugary drinks a day.

Oakland’s city council will establish a community advisory board to oversee the distribution of soda tax money, and local health advocates want to make sure they’re well-represented, Le said.

Goldstein said the fact that measures recently passed in all three Bay Area cities by a notable margin — in Oakland the tax was approved with 61 percent of the vote — shows that Californians grasp the harmful effects of sugary drinks.

Soda taxes, he said, are significant because they raise money to be used in the fight against obesity and other chronic conditions, and they reduce the consumption of sugary drinks.

In Berkeley’s low-income neighborhoods, the consumption of soda and other sweetened beverages decreased by 21 percent in the months after the 2014 tax began, according to a UC Berkeley study.

The study also showed a 63 percent increase in the consumption of bottled or tap water. It is not clear whether these results are due to the higher retail prices of sugary drinks or to the increased awareness on the health effects associated with the beverages, the study notes.

Goldstein said similar outcomes can be expected in Oakland, San Francisco and Albany, as well as in Boulder, Colo., where voters also passed a similar tax in November. This drives up the total number of cities with soda taxes to six — Philadelphia passed a 1.5 cents-per-ounce tax in June.

The American Beverage Association, which has lobbied heavily against soda taxes nationwide, doesn’t see a movement. Spokeswoman Lauren Kane said that 43 soda tax proposals have been rejected since 2008.

The association will continue to focus on reducing calories and sugar in beverages, Kane said. These taxes, Kane said, are only a Band-Aid solution to the larger national obesity problem.

But they are a start, said Elizabeth Bautista, a health educator at La Clinica, a health center in Oakland’s Fruitvale neighborhood, home to the city’ largest Latino population.

Bautista and 15 volunteer health educators known as promotoras engaged their community in the soda tax discussion by going door-to-door and making hundreds of calls to registered voters.

The challenge now, Bautista said, is to continue to motivate people to choose alternatives to sugary drinks.

The promotoras often share stories of what they see in the field: toddlers with soda in their bottles, and families walking out of dollar stores with grocery bags full of juices and sports drinks.

“It’s a serious problem in our community, and there is so much misinformation floating around,” Bautista said. She often hears from families that fruit-flavored sodas are not as harmful as dark sodas. “That of course is not true; that’s a myth we have to eliminate,” she said.

Maria Reyes, one of the promotoras, said the clinic is starting additional nutrition and physical activity classes — a healthy cooking class, for example, is expected to be of great interest. These are the type of activities that could be expanded by funds from the soda tax, Reyes said.

Reyes believes soda tax advocates in Oakland learned a lot from battles lost in other California cities, such as Richmond and El Monte, where voters rejected soda taxes in 2012.

“We learned that we needed a coalition and that we needed to focus the discussion on diabetes and obesity prevention,” Reyes said.

The promotoras say they are now hearing from community groups in Contra Costa cities interested in following in their footsteps.

“This is a big win,” Reyes said. “Once we start seeing results, I think more cities will join us.”

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