Case Law Update
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This issue of NAMSDL Case Law Update focuses on seven cases related to the access to and use of prescription monitoring program (“PMP”) records. The issues addressed in these decisions involve: (1) the reemption of state law by the administrative subpoena provisions of the Controlled Substances Act (“CSA”) (21 U.S.C. § 876); (2) privacy rights implicated by accessing PMP records; and (3) whether or not certain login information constitutes protected PMP information. The cases discussed in this issue originate from California, Louisiana, Mississippi, Oregon, Utah, and Virginia. Cases are divided by type of court (federal or state) and then listed in approximate descending order of appellate level. Read more »

CASE LAW CASELAW ISSUE NEWSLETTER PDMP PMP PRESCRIPTION DRUG MONITORING PROGRAM PRESCRIPTION MONITORING PROGRAM UPDATE

 

This issue of the NAMSDL Case Law Update focuses on several recent federal and state court decisions involving defendants accused of manufacturing and/or selling novel psychoactive substances. A number of the cases encompass U.S. Courts of Appeal applying the U.S. Supreme Court’s 2015 holding in McFadden v. United States concerning a defendant’s requisite knowledge to support a conviction under the federal Analogue Act. Other cases include intermediate appellate courts in Kansas and Utah addressing challenges to state controlled substance laws. In the Update, cases are divided by type of court (federal or state) and then listed in approximate descending order of appellate level. In addition, state laws and courts differ in their spelling of the word analogue (analog). Each case write-up within this Update contains the spelling used in the respective opinion. Read more »

analog analogue case law caselaw Controlled substance newsletter novel psychoactive substance nps spice synthetic update

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