RETAIL DIVERSION OF LEGAL DRUGS - A MAJOR PROBLEM WITH NO EASY SOLUTION

• NCJ Number: 60123
• Author(s): ANON
• Date Published: 1978
• Length: 47 pages
• Corporate Author: US Comptroller General
• Sale Source: Azimuth Inc.
• Language: English
• Country: United States of America
• Note: THERE IS A CHARGE FOR MORE THAN ONE COPY. REPORT TO THE CONGRESS BY THE COMPTROLLER GENERAL

Annotation

THE DIVERSION OF LEGAL CONTROLLED SUBSTANCES, SUCH AS NARCOTICS AND DANGEROUS DRUGS, INTO THE ILLICIT MARKET IS DISCUSSED, AND ACTIONS TO HELP FEDERAL AND STATE AGENCIES REDUCE THIS DIVERSION ARE SUGGESTED.

Abstract

A PRIMARY RESPNSIBILITY OF THE DRUG ENFORCEMENT ADMINISTRATION (DEA) WITHIN THE DEPARTMENT OF JUSTICE IS TO MINIMIZE THE DIVERSION OF LEGAL CONTROLLED SUBSTANCES. THE DEA BELIEVES THAT DIVERSION FROM LEGAL SUPPLIERS OF DRUGS IS THE PRIMARY BARBITURATE SOURCE AND THAT AMPHETAMINE USE IS SUSTAINED THROUGH DIVERSION AND ILLEGAL PRODUCTION. EFFORTS OF THE ADMINISTRATION TO CONTROL RETAIL DIVERSION ARE SEVERELY RESTRICTED DUE TO INADEQUATE STATUTORY AUTHORITY, WEAK REGULATORY REQUIREMENTS, AND INADEQUATE RESOURCES. TITLE II OF THE COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970, REFERRED TO AS THE CONTROLLED SUBSTANCES ACT, AUTHORIZED THE ATTORNEY GENERAL TO REGULATE THE MANUFACTURING, DISTRIBUTING, AND DISPENSING OF CONTROLED SUBSTANCES. PRACTITIONERS, MAINLY PHYSICIANS AND PHARMACISTS, ARE REGISTERED WITH THE DEA TO PRESCRIBE, DISPENSE, AND ADMINISTER DRUGS AND MOST COMPLY WITH THE LAW. EVEN SO, AN ESTIMATED 200 TO 243 MILLION UNITS ARE DIVERTED ANNUALLY FROM RETAIL DISTRIBUTION. THEFT ACCOUNTS FOR SOME LOSS, BUT MOST DIVERSION SEEMS TO COME FROM FALSE PRESCRIPTIONS, ILLEGAL SALES, AND OVERPRESCRIBING. SINCE FEDERAL AUTHORITY TO DENY REGISTRATION FOR PRACTITIONERS WHO DISPENSE DRUGS IS LIMITED, PRACTITIONERS HAVE LITTLE TO FEAR FROM VIOLATING REGULATORY REQUIREMENTS. GIVEN THIS SITUATION, TWO BASIC APPROACHES TO DEALING WITH THE RETAIL DIVERSION OF LEGAL DRUGS ARE (1) STRENGTHENING THE DIRECT ROLE OF THE DEA UNTIL IT PARALLELS ITS ROLE WITH RESPECT TO MANUFACTURERS AND DISTRIBUTORS; OR (2) CONTINUING AND ACCELERATING THE AGENCY'S ASSISTANCE ROLE TO HELP STATES CARRY THE MAJOR BURDEN. REGARDLESS OF THE APPROACH TAKEN, CONTROLING RETAIL DIVERSION WILL BE A TIME-CONSUMING TASK AND WILL REQUIRE LEGISLATIVE CHANGES AND INCREASED RESOURCES. CONGRESS SHOULD CHANGE THE DEA'S ROLE BY AUTHORIZING IT TO EXERCISE DIRECT REGULATORY AUTHORITY OVER RETAIL-LEVEL PRACTITIONERS OR BY IMPLEMENTING GRANT PROGRAMS THAT ASSIST STATES IN CONTROLLING DIVERSION. FURTHER INFORMATION ON RETAIL DRUG DIVERSION IS PROVIDED IN APPENDIXES. (DEP)