12.07.2015 Views

federal register - U.S. Government Printing Office

federal register - U.S. Government Printing Office

federal register - U.S. Government Printing Office

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

6164NoticesFederal RegisterVol. 62, No. 28Tuesday, February 11, 1997This section of the FEDERAL REGISTERcontains documents other than rules orproposed rules that are applicable to thepublic. Notices of hearings and investigations,committee meetings, agency decisions andrulings, delegations of authority, filing ofpetitions and applications and agencystatements of organization and functions areexamples of documents appearing in thissection.EXECUTIVE OFFICE OF THEPRESIDENT<strong>Office</strong> of National Drug Control PolicyAdministration Response to ArizonaProposition 200 and CaliforniaProposition 215AGENCY: <strong>Office</strong> of National Drug ControlPolicy, Executive <strong>Office</strong> of thePresident.ACTION: Notice.SUMMARY: This notice lists the Federalgovernment response to the recentpassage of propositions which makedangerous drugs more available inCalifornia and Arizona. These measurespose a threat to the National DrugControl Strategy goal of reducing drugabuse in the United States. At thedirection of the President, the <strong>Office</strong> ofNational Drug Control Policy (ONDCP)developed a coordinated administrationstrategy to respond to the actions inArizona and California with the otheragencies of the Federal <strong>Government</strong> tominimize the tragedy of drug abuse inAmerica.FOR FURTHER INFORMATION CONTACT:Comments and questions regarding thisnotice should be directed to Mr. DanSchecter, <strong>Office</strong> of Demand Reduction,ONDCP, Executive <strong>Office</strong> of thePresident, 750 17th Street N.W.,Washington, D.C. 20503, (202) 395–6733.SUPPLEMENTARY INFORMATION: A Federalinteragency working group chaired byONDCP met four times in Novemberand December. In developing thisstrategy, the inter-agency group gavedue consideration to two key principles:<strong>federal</strong> authority vis a vis that of thestates, and the requirement to ensureAmerican citizens are provided safe andeffective medicine. The President hasapproved this strategy, and Federal drugcontrol agencies will undertake thefollowing coordinated courses of action:A. Objective 1—Maintain EffectiveEnforcement Efforts Within theFramework Created by the FederalControlled Substances Act and theFood, Drug, and Cosmetic ActDepartment of Justice’s (DOJ) positionis that a practitioner’s action ofrecommending or prescribing ScheduleI controlled substances is not consistentwith the ‘‘public interest’’ (as thatphrase is used in the <strong>federal</strong> ControlledSubstances Act) and will lead toadministrative action by the DrugEnforcement Administration (DEA) torevoke the practitioner’s registration.DOJ and Department of Health andHuman Services (HHS) will send a letterto national, state, and local practitionerassociations and licensing boards whichstates unequivocally that DEA will seekto revoke the DEA registrations ofphysicians who recommend or prescribeSchedule I controlled substances. Thisletter will outline the authority of theInspector General for HHS to excludespecified individuals or entities fromparticipation in the Medicare andMedicaid programs.DOJ will continue existingenforcement programs using thefollowing criteria: (a) the absence of abona fide doctor-patient relationship; (b)a high volume of prescriptions orrecommendations of Schedule Icontrolled substances; (c) theaccumulation of significant profits orassets from the prescription orrecommendation of Schedule Icontrolled substances; (d) Schedule Icontrolled substances being provided tominors; and/or (e) specialcircumstances, such as when death orserious bodily injury results fromdrugged driving. The five U.S. Attorneysin California and Arizona will continueto review cases for prosecution usingthese criteria.DEA will adopt seizures of ScheduleI controlled substances made by stateand local law enforcement officialsfollowing an arrest where state and localprosecutors must decline prosecutionbecause of the Propositions. Once inDEA’s possession the drugs can besummarily forfeited and destroyed byDEA. State and local law enforcementofficials will be encouraged to continueto execute state law to the fullest extentby having officers continue to makearrests and seizures under state law,leaving defendants to raise the medicaluse provisions of the Propositions onlyas a defense to state prosecution.Department of the Treasury (Treasury)and the Customs Service will continueto protect the nation’s borders and takestrong and appropriate enforcementaction against imported or exportedmarijuana and other illegal drugs. TheCustoms Service will continue to: (a)seize unlawfully imported or exportedmarijuana and other illegal drugs; (b)assess civil penalties against personsviolating <strong>federal</strong> drug laws; (c) seizeconveyances facilitating the illegalimport or export of marijuana and otherillegal drugs; and (d) arrest personscommitting Federal drug offenses andrefer cases for prosecution to theappropriate Federal or state prosecutor.Treasury and the Internal RevenueService (IRS) will continue theenforcement of existing Federal tax lawswhich discourage illegal drug activities.IRS will enforce existing Federal taxlaw as it relates to the requirement toreport gross income from whateversource derived, including income fromactivities prohibited under Federal orstate law.Treasury will recommend that the IRSissue a revenue ruling, to the extentpermissible under existing law, thatwould deny a medical expensededuction for amounts expended forillegal operations or treatments and fordrugs, including Schedule I controlledsubstances, that are illegally procuredunder Federal or state law.IRS will enforce existing Federal taxlaw as it relates to the disallowance ofexpenditures in connection with theillegal sale of drugs. To the extent thatstate laws result in efforts to conductsales of controlled substancesprohibited by Federal law, the IRS willdisallow expenditures in connectionwith such sales to the fullest extentpermissible under existing Federal taxlaw.U.S. Postal Service will continue topursue aggressively the detection andseizure of Schedule I controlledsubstances mailed through the USmails, particularly in California andArizona, and the arrest of those usingthe mail to distribute Schedule Icontrolled substances.DEA together with other Federal, stateand local law enforcement agencies willwork with private mail, parcel andfreight services to ensure continuingcompliance with internal company

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!