A court in Oklahoma has ruled against Johnson & Johnson for manufacturing legal opiates, and making them available to patients with prescriptions. One may believe that we have an opioid abuse problem without approving of this verdict. I will leave to those more learned in the law the analysis of the legal issue; I will address the incentives and likely consequences that a ruling like this creates. It sends a message to pharmaceutical companies: Don’t make opiates, or at least be very careful not to make them excessively available, and impose, one presumes, rigorous controls on the physicians and pharmacies involved in putting them into the hands of patients.

This means that people in real and serious pain will in some cases be unable to obtain opiates legally, and will either suffer, or commit suicide, or turn to the black market; the same applies to those who are already addicted, however they became addicts. Black market heroin, fentanyl, or God-knows-what will vary in content, purity, and contaminants, so at least in some cases, people who turn to illegal sources of supply will suffer fatal overdoses, or other problems that would be unlikely to occur if they were buying oxycodone from their neighborhood pharmacist.

Thus, cracking down on opiates will (and already has) result in more deaths from opiate abuse. QED.
Jacob Sullum has a longer article up at Reason about Dr. Tennant, who treats patients in severe pain, sometimes reducing their dosages of opioids, but sometimes giving them more opioids and other medications than the DEA approves of. He is now being prosecuted for having the gall to practice medicine according to his conscience and professional judgement, instead of the Drug Enforcement Administration's.

There is also a free speech issue here, for we have reason to suspect that Dr. Tennant has been selected for prosecution partly for his participation in public discourse. To quote from Mr. Sullum's article: "The affidavit also notes that Tennant championed the California Pain Patient's Bill of Rights, a 1997 law affirming that 'opiates can be an accepted treatment' for 'severe intractable pain.'"

It looks to me as if the prosecution should be dropped, and someone at the DEA sent back to the dreaded private sector, preferably as a ditch digger.
The Drug Enforcement Administration has raided the home and office of a scoundrel running a pill mill, or a heroic physician who takes the Hippocratic Oath seriously, and treats patients in severe pain, depending on whose spin is more nearly truthful. Part of the reason for the raid may be that the doctor compounded his offenses by committing freedom of speech.

Personally, I stand ready to make a donation to Dr. Tennant's legal defense, if I learn of an opportunity to do so. That's where my sympathies lie.

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