On the recordJune 2, 2015
I thank the chairman of the committee for yielding, and I rise to join him in opposition to this amendment. Madam Chair, this amendment would undermine diversion control and thereby potentially increase drug abuse by creating a significant loophole in the system of controls established by the Controlled Substances Act. The amendment would cause this highly problematic result by effectively exempting DEA registrants who dispense drugs for addiction treatment from being subject to administrative oversight under the CSA. At present, buprenorphine is the only schedule III-V controlled substance contained in a drug that has been approved by the FDA for drug addiction treatment. While it is also true that the amendment would not preclude DOJ/DEA from obtaining a criminal search warrant to obtain the foregoing types of records, this does not come close to being an adequate substitute for the administrative inspection authority. Obtaining a criminal search warrant must be predicated on evidence sufficient to establish probable cause that the registrant has committed a criminal violation of the Controlled Substances Act. The very point of the administrative inspection authority that Congress provided under the CSA 45 years ago was to have a robust system of administrative oversight that would help to prevent regulatory violations before they occurred, and even more so, before criminal violations occurred.…





