Supreme Court Sides with Physicians on Required Proof for Unlawful Opioid Prescribing

• July 01, 2022

The Controlled Substances Act’s “knowingly or intentionally” scienter requirements applies to the statute’s “except as authorized” clause, the Supreme Court held June 27. Therefore, once a defendant meets the burden of producing evidence that his or her conduct was “authorized,” prosecutors must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner, the Court said.

ARTICLE TAGS

• Fraud and Compliance