DEA subpoena
DEA initially asked for unredacted documents concerning three licensed cannabis distributors and people associated with the businesses last year. R. Civ. The magistrate judge pointed out that federal law confers on the attorney general, the leader of the US Department of Justice within which DEA falls administratively, broad authority “to require the production of any records…which the Attorney General finds relevant or material to the investigation.” The magistrate judge did note that a person who receives a subpoena may challenge that administrative request before complying, as was done here. In this situation, the Board of Pharmacy refused to supply the information and the DEA filed a petition in federal court seeking a court order to enforce the subpoena. The Board responded that it had indeed informed the federal agency that it did not intend to respond to the subpoena, but it had also indicated that it “would respond after a court order requesting it to respond.” The Board’s position was based on wording of the state statute creating the PDMP that restricted access to information in the database to certain specified individuals or groups—Board staff administering the program, a prescriber or pharmacist requesting information about a current patient, practitioners engaged in monitoring a patient’s drug use, or law enforcement officials, “so long as the information is specific to an individual and is part of a bona fide investigation and the request is accompanied by a court order or subpoena.”
The Board responded that it had indeed informed the federal agency that it did not intend to respond to the subpoena, but it had also indicated that it “would respond after a court order requesting it to respond.” subpoenas for bulk collection of telephone metadata. The feds had requested the court order in July, […] Recently, however, the DEA has renewed its demand for the information, asking a federal court (the U.S. District Court in the Southern District of California) to order the BCC to comply with the subpoena and produce the requested documents. The position of the Board was that the wording “specific to an individual” limits requests to be honored to those that are addressing medication use by a specific patient. Witness Fees: Upon service of this subpoena, you are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you so request. As a descriptive matter, this distinction fails to account for the bulk of what law enforcement agents actually do—gather and report information about regulated activity.
A federal court has ruled that California regulators must comply with a Drug Enforcement Administration (DEA) subpoena demanding information about marijuana businesses. This differs from a subpoena ad testificandum, which is an order requiring a person to appear and testify. Thus, it was the position of the Board that the state statute did not authorize the Board to provide the information in question without a court order. The story, with more details and copies of the filings in the case, can be found on Marijuana Moment I think the two arguments the BCC has made to resist the subpoena are fairly weak. /publications/issue/2011/June2011/Subpoena-Power-of-DEA-Called-into-Question2 Clarke Drive Suite 100 Cranbury, NJ 08512 P:609-716-7777 F:609-716-9038 An administrative subpoena is an official order compelling the recipient to provide a governmental agency with information. The first was an investigation regarding allegations that a prescriber based in the state was involved with prescribing controlled substances over the Internet, whereas the second was with regard to use of a prescriber’s DEA registration number “by persons not authorized to use that number for the treatment of patients the registrant did not personally examine.” The third focus was on a physician assistant who was allegedly issuing prescriptions in the state “under an expired DEA registration number from another state.” For example, the DEA might want the information for a criminal investigation it is conducting of the licensees. PT Expert panelists review the causes, diagnostic work-up, management, and emerging therapies inherent in the evolving paradigm of irritable bowel syndrome.Pharmacy Law: Subpoena Power of DEA Called into QuestionPharmacy Law: Subpoena Power of DEA Called into QuestionInvestigations by the Drug Enforcement Administration were stalled when a state board of pharmacy refused to supply information from its prescription drug monitoring program. However, when that challenge is considered by the court, the factors to be weighed include that the subpoena was issued for a purpose approved by the US Congress, that the subpoena was issued following appropriate procedures, and that the information being sought is relevant to the investigation. A Monday ruling from U.S. District Court in California’s Southern District granted the U.S. government’s petition to enforce a DEA subpoena. I think the best argument the BCC can make now is that the DEA’s subpoena is unconstitutional. Law360 (September 1, 2020, 12:00 PM EDT) -- A California federal judge has … Further, even if the interpretation of the state statute by the Board were appropriate and correct with regard to the phrase “specific to an individual,” such a restrictive reading of the statute would present an obstacle to the federal agency’s efforts to complete its investigation. By Sam Reisman. Further, requests such as those from the DEA that are prescriber-specific are not authorized by the statute and release of such information by Board staff members would open the possibility of fines being levied against that person. Representatives of the DEA were conducting 3 investigations for which they requested information from the state agency that operates the PDMP database of controlled substance prescribing and dispensing information by presenting an administrative subpoena. P. 45(b)(1).
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