The Controlled Substances Act preempts an Oregon law requiring a court order to enforce subpoenas for prescription drug monitoring information, the U.S. Court of Appeals for the Ninth Circuit held June 26 (Or. Prescription Drug Monitoring Program v. DEA, 2017 BL 218898, 9th Cir., 14-35402, 6/26/17).
The requirement interferes with the system Congress established for federal investigation of drug crimes, the decision by Judge M. Margaret McKeown said.
The court also reversed a finding that the Drug Enforcement Administration’s use of subpoenas violated the Fourth Amendment.
The Oregon Prescription Drug Monitoring program requested a declaratory judgment that the ...
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