Legal Docket Presents Bitter Pills

Former federal prosecutor Shaun Clarke joins the conversation about the opioid crisis and what it means for subscribing physicians.

In Ruen v. U.S., the government brought criminal charges against two physicians accused of running “pill mills.” The criminal charges arise under the Controlled Substances Act, a federal narcotics statute aimed at combating drug abuse. The government argues the Act calls for an objective standard to determine if the physicians are guilty of writing illegitimate prescriptions: Would a hypothetical reasonable physician believe the prescription was illegitimate? The two doctors argue the Act imposes a subjective standard: Did they personally have the knowledge and intent to write illegitimate prescriptions?

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