The Crime of Pain Management

Dr. Deborah Bordeaux used to be a pain management specialist. Now she's a convicted felon facing a 100-year prison sentence as a drug dealer. Bordeaux was arrested when the Drug Enforcement Administration (DEA) and South Carolina law enforcement raided the Myrtle Beach clinic where she once prescribed opioids to severely ill patients. Siobhan Reynolds is a New York City-based film documentarian with a chronically ill life partner. When Reynolds attended Bordeaux's trial earlier this year, the South Carolina doctor's ordeal and the apparent miscarriage of justice prompted Reynolds to found a new group to advocate for pain patients and the health care workers who treat them, the Pain Relief Network (http://www.PainReliefNetwork.org).

... a growing number of physicians indicted and sometimes convicted of being drug traffickers but who say they were only doing what was best for patients... Florida Dr. James Graves sits in prison pending appeal after being convicted of manslaughter, while three other physicians face murder charges related to their prescribing opioids. The Association of American Physicians and Surgeons (http://www.aapsonline.org) maintains a list of more than 30 doctors it contends have been unfairly prosecuted over pain management issues.

On September 9, the Pain Relief Network addressed the FDA in response to the rising tide of physician prosecutions and urged it to halt cooperation with the Justice Department until Justice recognizes the current medical understanding of what constitutes acceptable pain care practices. Under the Controlled Substances Act, the FDA must holding hearings on drugs and "advise" the Attorney General as to their proper classification. PRN's Reynolds told the FDA committee the process was fraught with mischief since the Justice Department, through its prosecutions of physicians, had proven it was not interested in the scientific or medical evidence.

Explaining that because her ex-husband had suffered severe pain and problems getting it treated, she eventually formed a listserv for patients and physicians interested in the issue, Reynolds then told the committee what came next. "One by one, I watched as several of our most prominent members were arrested and charged with murder, or subjected to accusations of violating the Controlled Substances Act. I knew, as I watched, that something was going terribly wrong," she said. Reynolds described watching the trial of Dr. Bordeaux. "I sat alongside her and two other doctors tried on similar charges. I was shocked and dismayed to learn that the Justice Department was bringing out of date, antiscientific, prejudicial testimony into a US courtroom in the hopes of convincing the jury that by prescribing medication in conformity with the actual, up to date standard of care, the standard I was familiar with, that these doctors had done something shameful, something unspeakably wrong."

Hundreds of physicians have now been charged with CSA violations because of Justice's stubborn adherence to outdated science, she told the committee. "I'm here to tell you that a terrible misunderstanding has occurred here and that the public health has been inestimably damaged. All over America doctors have simply put down their pens, patients in pain have returned to their beds or committed suicide. The suffering and destruction of innocent life is unimaginable," Reynolds said. "PRN is therefore calling on you to suspend your cooperation with the DOJ and to stand solely for your primary commitment to safeguard the public health."

...Reynolds and the PRN have taken a first step toward bringing the looming crisis in pain management care into the bowels of the federal bureaucracies. But with federal prosecutors cutting down pain doctors like weeds and congratulating themselves for jailing the "drug dealers," this is a battle that is far from over.

Full Original article at Stopthedrugwar.org

Drug Dealers: Unwitting Heroes of Freedom

It is widely recognized that government over-regulation, taxation and outright prohibitions of certain products and services cause the creation of a black market for those products and services. This is because no matter how much the supply is reduced the demand remains the same. Very high demands that go unsatisfied give rise to an illicit black market which, like most high demand markets, almost always requires large organizations to meet the demand. Since business is forbidden to meet this demand in an honest and peaceful way, the supply is instead controlled the most unscrupulous and often violent gangs and cartels.

It is easy tell how high the demand for a product or service is by how large, violent, and organized the criminal group administering the distribution is. Does this mean that all the people involved in providing an illicit service are violent people? No. In fact, the vast majority of people involved in the black market are entirely non-violent. For instance, the street level distributors of a black market product like illicit drugs, rarely initiate violence and, to be quite frank, are heroes of freedom. Granted, the vast majority of drug dealers are just trying to make a living and likely know nothing about liberty or the free market, but, no matter how inadvertent, they are no less champions of both.

Drug dealers operate in almost every city and town in the United States. Chances are you know a drug dealer or know someone who does. It is likely that you peacefully interact with dealers and users every day and most likely have rarely, if ever, heard of any significant drug related violence where you live. The news media, with their gritty crime sensationalism, only focuses on the rare cases of inner city drug related violence. This is violence that is most often perpetrated against the drug dealer by the cartel or a destitute user looking for a quick buck or a quick fix. You won't likely hear about peaceful dealers because the news media can't sell a story without the drama that things like violence bring. Just because some people involved in distributing illicit drugs are violent doesn't mean the whole drug trade is an inherently violent business. Imagine if I were to make this argument:

Some teachers have committed murder.

All murder is wrong.

Therefore, teaching is wrong and should be illegal.

This is obviously false. Such arguments are syllogistic fallacies that aim to unjustly poison the well of any activity.

Based on the Department of Justice prison population statistics in 2009, a little over 50% of the prison population in America is serving time for drug offenses, while roughly 7% of the total population have been convicted of any violent crime. Let's assume that a portion of the set of violent criminals were also involved with drugs. This would mean less than 7% of the population are violent drug offenders. You can further reduce this by taking into consideration the likelihood of violent people who just so happened to be in the possession or under the influence of an illicit drug as well as the many violent crimes that are unrelated to the illegal drug trade. If you divide the violent prisoners who are not drug dealers from the violent dealers, this reduces the amount of violent drug dealers to an even more minuscule percentage of the prison population.

Because of these facts it is reasonable to claim that the street level distributors and users are mostly non-violent. Not only are drug dealers peaceful, but they are peaceful in the face of violence from all sides; from the violent cartel suppliers, from thieves that know dealers have money and no legal recourse, and finally from violence from a government that is looking to fill their prisons with non-violent drug offenders.

On top of the fact that drug dealers are statistically peaceful people they are also providing a valuable service by allowing adults the access to and the ability to chose to consume any substance that they choose. This fact alone makes the drug trade a noble pro-freedom act that is in defiance of tyranny. There is no justifiable reason why an adult should not be able to choose to use and trade any product, including drugs, they wish so long as their interactions do not initiate violence.

All across the country people are refused medicine. For example, most states do not have compassion to patients who can greatly benefit from the use of cannabis so these people are forced to find relief on the black market. Doctors are regularly denying people necessary pain medication because they fear the government destroying their practices for the phony and arbitrary crime of "over-prescribing". If a drug dealer helps only one suffering person get relief from their illness then not only are they heroes of freedom but also heroes to the the ill who are suffering under the treads of the drug war machine.

Objections:

"But drug dealers are harming the addicts by providing them with drugs"

This is the mentality of the person that would also like to keep you from smoking cigarettes, drinking alcohol, and even eating fried food and red meat, by blaming the businesses providing those products. To accept this mentality is to, deny that people are responsible for themselves and thus admit that someone else has ultimate control over their body, which is slavery.

"What about the children? Drug dealers harm children by providing them with drugs"

It is regrettable that some children may come to use drugs, but it is also regrettable that they use alcohol which is legally distributed to adults. According to the government's NHSDA statistics, in 2001, 8% of respondents under the age of 18 have admitted to recently (past month) using any illegal drug. In the same year the NHSDA reported that of the under 18 demographic, only 2% had admitted to recently (past month) using alcohol. Only 1/4 of children get high off of alcohol than illegal drugs. This only proves that the already relatively safe distribution of drugs would be safer if the product was distributed on the free market. Some kids are harmed by starting fires for fun. Should we ban the distribution of matches and lighters to adults?

Feel free to send me any objections or corrections.