Prescription Drugs Are Unconstitutional

Posted: 7/10/2016

Trigger

Sometimes patients know better than doctors what is right for them. For several months now, I have a particular need for antibiotics treatment to get rid of something that has become chronic infection of my sinuses for several months.

I went first, about two months ago, to a CVS Minute Clinic, but the friendly nurse send me home with a recommendation for a well known decongestant despite the fact that I had requested my need for antibiotics in my first sentence upon entering the nurse’s office. At least CVS reimbursed me back some of the money.

Yesterday, I walked into a FastMed Urgent Care center to request a prescription for antibiotics. Well, I was told by the manager on duty this would cost me out of pocket about $130 or over $200 (depending on payment option) to see a doctor and no guarantee that I would receive such a prescription. I offered to pay $80 if I left the office without a prescription. In an era where almost daily official warnings about antibiotic resistance and overprescription of antibiotics etc. are issued it has certainly made it unnecessarily more difficult or risky to get a prescription.

Thus, I would have to drive from Phoenix, AZ to Nogales in Mexico to obtain prescription free antibiotics of possibly unknown provenance?

A Bit Of History Of Prescription Drugs In The U.S.

Apparently, in the U.S. concerns about the addictiveness of previously freely available pain killers led to more and more restrictions perhaps beginning with the Pure Food and Drug Act of 1906, which mandated that all ingredients must be labeled. Soon after the Harrison Narcotic Tax Act of 1914 brought these addictive substances under the control of doctors, requiring a prescription (and payment of a tax) for their distribution. In the age of temperance and ongoing or imminent prohibition of alcohol this was to be expected.

From then on more and more medications came under government regulation and control. The spiral went downward.  E.g. first government handed out amphetamines to soldiers and factory workers for combat effectiveness and later determined it was too addictive and was abused.

1912 - Hague Opium Convention Treaty in China. The United States signs international agreement to limit the spread and use of narcotics.

1914 - Harrison Act uses IRS taxes on the sale and purchasing of narcotics as a way to control use. The Treasury Department assigns the first narcotic agents to enforce the Harrison Act.

1919 - United States v. Doremus court case confirms that the federal government can regulate dispensing of medicines by physicians.

1919 - Webb et al v. United States court case confirms that physicians and pharmacists cannot supply an addict just to maintain his or her addiction.

1938 - Amendments to the Pure Food and Drug Act brings the abuse of non-narcotic medicines under the responsibility of the FDA.

1951 – Durham Humphrey Bill sets up prescription and non-prescription categories for all medicines.

1956 – Narcotics Control Act updates restriction and penalties for smuggling and distribution of marijuana and narcotics. Eliminates the suspension of sentences or probation if convicted.

Apparently, again as so often, the U.S. Supreme Court played a very unfortunate role to allow and uphold this terrible  paternalism (nanny state or statism) to exist, continue, and expand in multiple decisions.

Drug Abuse Is A Pretense

Overprescription or drug abuse by individuals are a red herring propaganda disseminated by government!

Prohibitions or excessive regulations are most often a sign of incompetent politicians. Those measures reek of distrust in We the People! They are antiquated and Barbarian in nature!

We certainly need more education and awareness about drugs and their effects and how to responsibly use them and so on.

We certainly need better treatment options for those who became addicted.

Individual drug abusers may need to be held responsible (including, if necessary, jail time) for their actions and so on.

Some Consequences Of Prescription Drugs

1. The Founders have probably never contemplated such a far reaching government power and control over medical treatments. Would this qualify as a form of sophisticated government tyranny or an encroachment on our liberties in their views?
2. Government allowed and mandated doctors to have way too much power and control over our lives. Doctors are all too human, they are neither gods, geniuses, nor angels to entrust them that much!
3. Government allowed doctors to have a monopoly and to become a special, protected and favored guild
4. Health care has certainly become a lot more expensive because of that
5. Way too many medications are available only by prescription
6. Free trace of medications has been severely impeded
7. Progress and advances in medicine and drugs have been severely stymied

A Brief Remark On Antibiotic Resistance

Since I started this post how difficult and expensive it is in the U.S. for an individual to obtain antibiotics, which should be no problem at all. This subject actually deserves its own blog post.

Unfortunately, many people still believe what has been said now for over 30 years that because of overprescription, failure to follow medical regimens, and liberal use of antibiotics for almost any indication in humans and animals that humans have caused a serious crisis. And the best way to deal with it is to use less.

In the year 2016, this is dangerous nonsense! Given the incredible advances in genetics, biology, and medicine, humans, if incentivised, would easily come up with better solutions to beat bacteria. What is lacking here is better priorities and resource commitments in medical research. And certainly less meddling by Big Government!

Previous, Related Blog Posts

I wrote here about why I think that speed limits in the U.S. are unconstitutional.

This blog post is about why smoking bans are unconstitutional.