FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

DEA Registration Defense and Enforcement Actions Lawyers

April 8, 2022 Federal Criminal Attorneys

The DEA has a broad range of enforcement tools at its disposal, and it may use these tools to pursue both civil and criminal penalties. Civil penalties can include fines, asset forfeiture, and the suspension or revocation of a provider’s registration. Criminal penalties can include jail time, probation, and asset forfeiture.

If you are facing DEA enforcement actions or are under investigation for possible violations of the CSA, you should speak with an experienced attorney as soon as possible. The DEA can take many actions as penalties:

  • Suspend or revoke a registrant’s registration
  • Assess civil monetary penalties against a registrant
  • Refer the case to the U.S. Department of Justice for criminal prosecution
  • Deny an application for registration or renewal of registration
  • Refer the case to state licensing boards for disciplinary action against a registrant’s state license(s) to practice medicine, pharmacy, etc.

The DEA has a long history of aggressively pursuing enforcement actions against registrants who violate the CSA. In the past, the DEA has initiated enforcement actions against a wide range of registrants, including physicians, pharmacists, pharmacies, and pharmaceutical companies.

In addition to these traditional enforcement actions, the DEA has also initiated a number of compliance-related programs that are designed to help registrants comply with their obligations under the CSA. These programs include:

The Diversion Control Division’s Office of Diversion Control’s Compliance Program: The goal of this program is to help registrants comply with their obligations under the CSA and prevent diversion of controlled substances. The program includes educational materials and resources, as well as on-site visits by DEA Diversion Investigators.

The goal of this program is to help registrants comply with their obligations under the CSA and prevent diversion of controlled substances. The program includes educational materials and resources, as well as on-site visits by DEA Diversion Investigators. The Prescription Drug Monitoring Program: This program is designed to help state and local law enforcement agencies track controlled substances that are dispensed by pharmacies. The program includes a database that tracks controlled substances dispensed by pharmacies in each state.

This program is designed to help state and local law enforcement agencies track controlled substances that are dispensed by pharmacies. The program includes a database that tracks controlled substances dispensed by pharmacies in each state. The Office of Diversion Control’s Regulatory Compliance Unit: This unit provides regulatory guidance to registrants on how to comply with their obligations under the CSA. The unit also conducts audits and investigations of registrants who may be violating the CSA.

Controlled Substances Act (CSA) Overview

The CSA was enacted in 1970 to establish a comprehensive system for regulating controlled substances in the United States. The CSA establishes five schedules of controlled substances based on their potential for abuse and medical usefulness: Schedule I drugs have no accepted medical use but a high potential for abuse; Schedule II drugs have an accepted medical use but also a high potential for abuse; Schedule III drugs have an accepted medical use but a lower potential for abuse than Schedule I or II drugs; Schedule IV drugs have an accepted medical use but a lower potential for abuse than Schedule III drugs; and Schedule V drugs have an accepted medical use but a lower potential for abuse than Schedule IV drugs. The CSA requires that all providers who prescribe controlled substances be registered with the DEA to do so, and it requires that pharmacies that dispense controlled substances be licensed by state pharmacy boards as well as registered with the DEA to do so. The CSA prohibits anyone from distributing or dispensing controlled substances without being properly registered with the DEA to do so (21 U.S.C. 841(a)(1)). The CSA also prohibits anyone from distributing or dispensing controlled substances outside of legitimate medical purposes (21 U.S.C 841(a)(1)). Providers who prescribe medications outside of legitimate medical purposes may be charged with prescribing medication outside of legitimate medical purposes (21 U.S.C 841(a)(1)), while pharmacies that dispense medications outside of legitimate medical purposes may be charged with distributing medication outside of legitimate medical purposes (21 US Code 841(a)(1)). In addition to violating federal law, these activities may also violate state laws regarding prescription medications as well as professional licensing regulations regarding prescribing medications outside of legitimate medical purposes (21 USC 841(b)(1)(A)-(D)).

The CSA establishes strict recordkeeping requirements for providers who prescribe controlled substances and pharmacies that dispense them (21 USC 827). These requirements are designed to help ensure that providers only prescribe medications when they are needed for legitimate therapeutic purposes and that pharmacies only dispense them when they are prescribed by licensed practitioners acting within their scope of practice (21 USC 802). Providers who fail to maintain accurate records may be subject to civil penalties (21 USC 842(a)(4)), while pharmacies that fail to maintain accurate records may be subject to civil penalties (21 USC 842(c)(2)). In addition, both providers and pharmacies may be subject to criminal penalties if they knowingly distribute or dispense controlled substances outside of legitimate medical purposes (21 USC 841(b)(1)(A)-(D)).

DEA Enforcement Actions Against Providers & Pharmacies

The DEA has broad authority under the CSA to investigate suspected violations and take enforcement actions against providers who prescribe controlled substances outside of legitimate therapeutic purposes as well as pharmacies that distribute them outside of such purposes (21 USC 801-971). These actions can include civil penalties such as fines, asset forfeiture, suspension or revocation of registration, denial or restriction on registration renewal applications, orders restricting the distribution or dispensing of certain controlled substances by registrants whose registrations permit them to distribute or dispense those substances (e., orders limiting registrants’ authority), orders requiring registrants whose registrations permit them to distribute or dispense certain controlled substances not engaged in such activities until further order from the Administrator [of the Drug Enforcement Administration], orders requiring registrants whose registrations permit them engage in activities related only those locations specified in their registrations not engage in such activities at any other location until further order from the Administrator [of the Drug Enforcement Administration], orders prohibiting registrants from applying for any other registration until further order from the Administrator [of the Drug Enforcement Administration], orders imposing conditions on registrations permitting activities related only those locations specified in their registrations until further order from the Administrator [of]the Drug Enforcement Administration], orders imposing conditions on registrations permitting registrants engage in activities related only those locations specified in their registrations until further order from the Administrator [of]the Drug Enforcement Administration], denial applications seeking initial registration under this subchapter filed by applicants previously denied registration by final order issued after opportunity hearing held pursuant section 304[of Title 21], United States Code], denial applications seeking initial registration under this subchapter filed by applicants previously denied registration renewal pursuant section 304[of Title 21], United States Code].

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

DEA Registration Defense and Enforcement Actions Lawyers

April 8, 2022
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us