Questioning The Controlled Substances Act After Enmon

By Jack Sharman, Brandon Essig and Jeff Doss, Lightfoot Franklin and White LLC (May 10, 2017, 12:31 PM EDT) -- With the Eleventh Circuit's recent decision in United States v. Enmon, physicians continue to face two critical questions in the uncertain case law under the federal Controlled Substances Act. First, what conduct is prohibited? Second, what intent must the physician be shown to possess in order to support a conviction? Given the government's increasingly aggressive prosecution of physicians with regard to controlled substances, white-collar practitioners who represent a physician or other healthcare professional in a "pill mill" case understand and address these issues in pretrial briefing and in preparing their trial strategy and must do so early....

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