News
Release
FOR IMMEDIATE RELEASE
November 6, 2001
For additional information, contact:
Michael L. Chapman, Chief, Public Affairs
(202) 307-7977
ATTORNEY
GENERAL REINSTATES DEA POSITION ON THE DISPENSING OF CONTROLLED SUBSTANCES
TO ASSIST SUICIDE
![photo - Administrator Hutchinson](https://webarchive.library.unt.edu/eot2008/20081011005302im_/http://www.usdoj.gov/dea/hutchinson_official.jpg)
The
DEA has always been committed to ensuring that controlled
substances are prescribed properly, and that health and
safety are always of paramount importance.
-Asa
Hutchinson
DEA Administrator
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Today,
United States Attorney General John Ashcroft reaffirmed a long-held position
of the Drug Enforcement Administration that the prescribing, administering,
or dispensing of controlled substances for the purpose of assisting suicide
is prohibited under federal law. The Attorney Generals statement
specified that the dispensing of controlled substances to assist suicide
is not a legitimate medical purpose within the meaning of
federal law and, therefore, such conduct is impermissible under the Controlled
Substances Act.
At the same time,
the Attorney Generals statement makes clear that the prohibition
on dispensing controlled substances to assist suicide does not in any
way limit the ability of physicians to dispense controlled substances
for the treatment of pain. The dispensing of controlled substances for
pain treatment, when carried out by a physician acting in the usual course
of professional practice, remains a legitimate medical purpose under federal
law.
I am pleased
that this issue has been clarified for the American public. The DEA has
always been committed to ensuring that controlled substances are prescribed
properly, and that health and safety are always of paramount importance,
said DEA Administrator Asa Hutchinson. This statement supports what
DEAs position has been all along. It is important for physicians
to know that DEA is sensitive to pain sufferers and fully supports the
use of appropriate medications that help alleviate these conditions. The
DEA will continue to maintain consistency in striking the balance between
relieving pain and preventing the abuse of pain relief medication.
As reflected in the
laws of an overwhelming majority of the states, there has always been
a clear consensus among medical professionals that assisting suicide is
not considered medically legitimate. This consensus is consistent with
the goal of Congress, in enacting the Controlled Substances Act, to limit
the use of controlled substances to those necessary to maintain the health
and general welfare of the American people. The Attorney Generals
statement makes clear the view of the Department of Justice and the Drug
Enforcement Administration that dispensing controlled substances to assist
suicide is not consistent with the public health and safety.
Consistent with this
view, the DEA has always maintained that controlled substances could not
be prescribed for non-medical purposes such as assisted suicide. This
position was without controversy until the state of Oregon adopted a physician-assisted
suicide initiative in 1997. At that time the DEA, through Administrator
Thomas Constantine, stated that prescriptions for such purposes would
violate the Controlled Substances Act. The DEA has maintained that position,
but the Department of Justice directed the DEA not to enforce the law
in those circumstances. Todays statement by Attorney General Ashcroft
reverses DOJs previous directive to DEA.
It
is important for physicians to know that the DEA is sensitive
to pain sufferers and fully supports the use of appropriate medications
that help alleviate these conditions.
-Asa
Hutchinson
DEA Administrator
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Earlier this year,
the U.S. Supreme Court issued a ruling in U.S. v. Oakland Cannabis
Buyers Cooperative, 532 U.S. 483 (2001), which makes clear that,
under federal law, the Controlled Substances Act governs the use of controlled
substances, regardless of any state law to the contrary. The Supreme Courts
ruling indicates that the application of the Controlled Substances Act
is uniform throughout the nation and may not be nullified by the decisions
of the individual states. Thus, even in Oregon, which is the only state
in the nation whose law authorizes physician-assisted suicide, it is illegal
under federal law for a physician to dispense controlled substances to
assist suicide.
Todays decision
will not increase the scrutiny of physicians who prescribe controlled
substances for pain relief. It remains the position of the Department
of Justice and the Drug Enforcement Administration that the dispensing
of controlled substances for pain treatment, when carried out by a physician
acting in the usual course of professional practice, is a legitimate medical
purpose under federal law.
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