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mucifer

(23,554 posts)
Tue Apr 17, 2018, 12:16 PM Apr 2018

Bernie Sanders introduces bill to impose jail time for execs behind opioid crisis



WASHINGTON — Sen. Bernie Sanders (I-Vt.) will introduce a bill Tuesday that would impose jail time for pharmaceutical executives whose companies engage in manipulative practices when marketing opioids.

The legislation would impose a 10-year minimum prison sentence and fines equal to an executive’s compensation package if the individual’s company is found to have illegally contributed to the opioid crisis. It would also impose an additional fine on those companies of $7.8 billion — one-tenth the annual cost of the crisis, per a 2016 estimate.

The bill outlined a number of mechanisms by which the Department of Health and Human Services could demonstrate such liability, including by mandating written justifications for pill orders that seem medically unreasonable. And the legislation would establish an opioid reimbursement fund, to be administered by HHS, that would collect the fines levied under the new law and distribute them to other federal departments.

The bill would also prohibit companies from direct marketing of opioid products without adequate warning of their addictive properties and establish a reimbursement fund that would collect revenues from the penalties imposed.


https://www.statnews.com/2018/04/17/bernie-sanders-bill-jail-opioid-crisis/
48 replies = new reply since forum marked as read
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Bernie Sanders introduces bill to impose jail time for execs behind opioid crisis (Original Post) mucifer Apr 2018 OP
. NCTraveler Apr 2018 #1
That is just him looking for Americas soul BeyondGeography Apr 2018 #6
I guess self-reflection didn't work. nt. NCTraveler Apr 2018 #10
Bernie has no soul now? BeyondGeography Apr 2018 #14
This was written for him. NCTraveler Apr 2018 #15
What about docs that prescribe these types of medicines too loosely or too much? ... SWBTATTReg Apr 2018 #2
If the company McKesson is doing this than executives should have prison time: mucifer Apr 2018 #3
Yeah, I do remember this situation...you wouldn't think this happens but it does... SWBTATTReg Apr 2018 #5
I really think McKesson knew what they were doing mucifer Apr 2018 #9
I agree w/ you...anyone ordering this amount of ... SWBTATTReg Apr 2018 #13
Comprehensive reform seems to be a thing of the past, for some. NCTraveler Apr 2018 #4
If you actually prosecute people at the top for willful endangerment of Americans, maybe they JCanete Apr 2018 #7
"Comprehensive reform sounds like a good idea." NCTraveler Apr 2018 #12
I do believe this is already in place. KitSileya Apr 2018 #18
there is a shortage of injectables Chakaconcarne Apr 2018 #8
Yep some prison time for them would be great. mucifer Apr 2018 #11
How does he square this with protecting gun manufacturers? LexVegas Apr 2018 #16
. NCTraveler Apr 2018 #24
Couldn't be more clear. Thanks. nt LexVegas Apr 2018 #26
Yeah...lets inject race into it. Thats helpful. n/t TCJ70 Apr 2018 #29
Because omitting it is just great. NCTraveler Apr 2018 #30
Can you explain how you equate the two issues? N/T TCJ70 Apr 2018 #28
Back to reality. The fight is on in California to PROFIT R B Garr Apr 2018 #17
Yes it is different, as a matter of fact. Are you saying cannabis equals opioids? Or what? Hekate Apr 2018 #20
Yet the biggest motivator for many about legal weed R B Garr Apr 2018 #23
"Many"? You mean like all those millions of people who smoke pot? Or you think there are enough... Hekate Apr 2018 #25
What argument??? Ballotpedia has the info about PROFITS R B Garr Apr 2018 #27
This law is blatantly unconstitutional to the point of absurdity. joshcryer Apr 2018 #19
This message was self-deleted by its author sl8 Apr 2018 #22
That is what I was thinking. Just for show. n/t pnwmom Apr 2018 #31
I know first hand about the opoid crisis. joshcryer Apr 2018 #34
I know about it from a different angle. pnwmom Apr 2018 #35
Yeah, thats what they said about the marriage equality fight, occupy Wall Street and... Hassin Bin Sober Apr 2018 #36
Pretending that an unconstitutional bill is viable doesn't advance the cause. pnwmom Apr 2018 #37
Why is it unconstitutional? Just because you say so? Hassin Bin Sober Apr 2018 #40
Joshcryer just explained it. Post 19. Also, see post 32, below. n/t pnwmom Apr 2018 #41
No, he didnt. Hassin Bin Sober Apr 2018 #44
You can't retroactively make things illegal that were legal when they were carried out. pnwmom Apr 2018 #46
Read the bill. The criminal piece takes effect upon enactment. Hassin Bin Sober Apr 2018 #48
There's also an 8th Amendment problem jmowreader Apr 2018 #32
I can't kill someone, write a book about it, and get the profits. Cuthbert Allgood Apr 2018 #38
Bill text & summary: sl8 Apr 2018 #21
Man, he's good at taking action that results in no action. But it sounds good so REVOLUTION! WhiskeyGrinder Apr 2018 #33
Yeah, look at what has happened re Medicare for all in the last two years Hassin Bin Sober Apr 2018 #39
and, I believe it's a winnable argument mountain grammy Apr 2018 #42
Absolutely it is. Even conservatives are coming around. Hassin Bin Sober Apr 2018 #47
Constitutionality is important. WhiskeyGrinder Apr 2018 #43
Is this something you determined all on your own or did you read it up thread? Hassin Bin Sober Apr 2018 #45

SWBTATTReg

(22,143 posts)
2. What about docs that prescribe these types of medicines too loosely or too much? ...
Tue Apr 17, 2018, 12:28 PM
Apr 2018

This seems like a difficult way of resolving this situation. How do you prove willful intent on part of Opioid companies? From what I understand, opioids do serve a purpose, especially those who require pain medications more powerful than aspirin or IBUprofen. Perhaps a routine when prescribed w// opioids, that follow-up medications that reduce possibility of addiction after taking ?

mucifer

(23,554 posts)
3. If the company McKesson is doing this than executives should have prison time:
Tue Apr 17, 2018, 12:36 PM
Apr 2018
McKesson, a drug distributor, is said to have shipped 5 million opioid pills to a West Virginia town with 400 residents over a two-year span.


https://www.statnews.com/2018/04/17/bernie-sanders-bill-jail-opioid-crisis/

They know what they are doing.

SWBTATTReg

(22,143 posts)
5. Yeah, I do remember this situation...you wouldn't think this happens but it does...
Tue Apr 17, 2018, 12:45 PM
Apr 2018

In this case, I think a doctor and his office was involved in prescribing. Amazing...the drug distributor should have caught (but didn't). I think the doc was caught and sentenced?

SWBTATTReg

(22,143 posts)
13. I agree w/ you...anyone ordering this amount of ...
Tue Apr 17, 2018, 01:00 PM
Apr 2018

drugs from 1 small location/company/office should raise questions immediately (but obviously it didn't, hence the conviction(s) etc.)...

 

NCTraveler

(30,481 posts)
4. Comprehensive reform seems to be a thing of the past, for some.
Tue Apr 17, 2018, 12:43 PM
Apr 2018

Specially during periods of campaigning.

Trying to deal with a problem in it's totality might upset some people.

 

JCanete

(5,272 posts)
7. If you actually prosecute people at the top for willful endangerment of Americans, maybe they
Tue Apr 17, 2018, 12:53 PM
Apr 2018

will at least think twice before looking only at their bottom line. Comprehensive reform sounds like a good idea. This should be included in it.

KitSileya

(4,035 posts)
18. I do believe this is already in place.
Tue Apr 17, 2018, 02:39 PM
Apr 2018

I know several I follow on twitter are very scared of the opioid crack down, because opioids are the only medication that works on their chronic pain, and now they're having trouble getting it. We're talking people who've been on stable doses for years, who get it prescribed under doctor supervision, and for whom suggestions they take up yoga and meditation instead are, frankly, a huge slap in the face.

Chakaconcarne

(2,455 posts)
8. there is a shortage of injectables
Tue Apr 17, 2018, 12:53 PM
Apr 2018

badly needed by hospitals and surgery centers across the US because the 3 opioid mfrs are concentrating their ingredients into oral, retail-centric forms. They know what they're doing.

 

NCTraveler

(30,481 posts)
30. Because omitting it is just great.
Tue Apr 17, 2018, 05:45 PM
Apr 2018

Are you saying his constituency is impacted by one over the other compared to many other representatives? To claim something like that would be to ignore reality.

What else shouldn’t we “inject race into”? It’s a topic that shouldn’t and won’t be silenced.

R B Garr

(16,954 posts)
17. Back to reality. The fight is on in California to PROFIT
Tue Apr 17, 2018, 01:45 PM
Apr 2018

from the sale of legal marijuana. But I guess that’s different.

Hekate

(90,717 posts)
20. Yes it is different, as a matter of fact. Are you saying cannabis equals opioids? Or what?
Tue Apr 17, 2018, 03:23 PM
Apr 2018

Sellers always make a profit, or they go out of business.

When I and my fellow Californians voted to legalize pot for recreational use, the intent was to stop people from getting arrested and going to prison for the use of this herb. The biggest threat to people's health from pot use has always been having a criminal record and/or being sent to prison. The other threat to public safety is that, just as Prohibition allowed the Mafia an entry-point to the lives of otherwise law-abiding citizens, so has the criminalization of cannabis allowed gangs and cartels to flourish, and to introduce people to pushers of other drugs.

So although I don't use the stuff myself, my thinking is to treat it like alcohol. Tax it, regulate it, and allow individuals to grow a certain amount for personal use. Regarding alcohol, yes, you can brew and distill quite a few gallons of whatever you like without a license, you just can't transport it very far or sell it. The taxes on tobacco and alcohol used to be winkingly referred to as "Sin Taxes"-- now just add cannabis products to things that are taxed if sold.

Opioids, otoh, are extremely addictive. They have their uses for intractible pain, gods know, but any corporation that vastly overproduces and distributes the stuff, plus goes on an all-out advertising campaign to convince doctors that their product is safe and non-addictive ought to be run out of business, and the owners should face prison time.

Instead, doctors and patients will be targeted (as usual) and the corporations held harmless (as usual). Pardon my cynicism on the matter.

However, kudos to Bernie for at least going public with the issue.

R B Garr

(16,954 posts)
23. Yet the biggest motivator for many about legal weed
Tue Apr 17, 2018, 04:01 PM
Apr 2018

is money. That is the point. Any business venture is out to make money. This is just grandstanding about corporations, billionaires, big Pharma. It has all the buzzwords. The turf fights over legal pot profits will be okay, though, because no one lies about pot, lol.

Hekate

(90,717 posts)
25. "Many"? You mean like all those millions of people who smoke pot? Or you think there are enough...
Tue Apr 17, 2018, 04:35 PM
Apr 2018

...potential entrepreneurs (the ones hoping to make money) to have swung the election in California? Somehow I doubt there are that many voters in that narrow category. A lot of voters like me (i.e. non-users) were persuaded that legalization is in the public interest because way too many people have gone to prison, and they are disproportionately POC, a palpable social injustice.

Who is "grandstanding"? Me? Bernie Sanders? Anyone who recognizes the evils done by Big Pharma?

And why would you imagine that nobody realizes the world of legal cannabis sales is filled with fallible human beings? Of course problems will ensue -- they always do. I just hope we can stop having Mexican cartels running their Panga boats filled with product up the California coast, and other branches of those cartels establishing pot farms in the back country. Those illicit pot farms, btw, degrade the fragile ecosystem and are guarded with firearms lest hikers stumble in.

Seriously, what is your point in this argument?

R B Garr

(16,954 posts)
27. What argument??? Ballotpedia has the info about PROFITS
Tue Apr 17, 2018, 04:45 PM
Apr 2018

related to legal weed and how those PROFITS will be taxed, so maybe all this umbrage about Big Pharma is just a distraction and a double standard. Maybe we read different news articles, but pot dealers have always had a huge eye on making money selling drugs. LOL, this is getting absurd now.

I couldn’t agree with you about Mexican cartels. This sounds out of touch. There are plenty of white people growing pot for profit.

Sorry, but you can’t be against Big Pharma and be for legal weed without realizing that it is ALL profit driven.

joshcryer

(62,276 posts)
19. This law is blatantly unconstitutional to the point of absurdity.
Tue Apr 17, 2018, 03:01 PM
Apr 2018

You can't make a law that takes effect retroactively. It's literally enshrined in the constitution that ex post facto law is not allowed.

So disappointing. Everything for rhetoric rather than actually achieving an end goal.

Response to joshcryer (Reply #19)

joshcryer

(62,276 posts)
34. I know first hand about the opoid crisis.
Wed Apr 18, 2018, 02:57 PM
Apr 2018

This just tears me up because it does nothing for it. Nothing.

pnwmom

(108,980 posts)
35. I know about it from a different angle.
Wed Apr 18, 2018, 03:12 PM
Apr 2018

A loved one in a nursing home who couldn't get adequate pain med till she officially went on hospice. Why are they worried about addiction with a 90 year old whose medication intake is completely controlled?

Hassin Bin Sober

(26,330 posts)
36. Yeah, thats what they said about the marriage equality fight, occupy Wall Street and...
Wed Apr 18, 2018, 03:33 PM
Apr 2018

..... now Medicare for all.

It’s funny how the people who constantly harp about just settling for incremental change can’t grasp the concept that TRYING for these “pie in the sky” ideas actually puts them out for public debate.

Sanders knows this bill isn’t going anywhere with this congress and this president. Pretty much anything that isn’t a tax cut or fucks the 99% is going to have to wait.

But not talking about it is stupid.

Look it how opinions have changed in just the last couple years re: Medicare for all.

Look at how fast things changed re: marriage equality. I remember when the sensible woodchucks called it a pink pony.

Whether you like it or not, Sanders has a voice and is getting coverage. So he absolutely should be pushing for the right issues. Whether they happen tomorrow or not.

pnwmom

(108,980 posts)
37. Pretending that an unconstitutional bill is viable doesn't advance the cause.
Wed Apr 18, 2018, 03:35 PM
Apr 2018

This is nothing like the other fights. It's just grandstanding.

Hassin Bin Sober

(26,330 posts)
44. No, he didnt.
Wed Apr 18, 2018, 04:28 PM
Apr 2018

He made an unsubstantiated claim with no explanation of which part was ex post facto. And so did you, ipso facto.


#32 should ask the thousands of, albeit smaller, drug dealers about having profits disgorged and how “unconstitutional” it is.

pnwmom

(108,980 posts)
46. You can't retroactively make things illegal that were legal when they were carried out.
Wed Apr 18, 2018, 04:36 PM
Apr 2018

And that's what this bill does.

Hassin Bin Sober

(26,330 posts)
48. Read the bill. The criminal piece takes effect upon enactment.
Wed Apr 18, 2018, 05:07 PM
Apr 2018

The “ex post facto” piece is, in fact, civil and not criminal. The governing agencies can, at the direction of The Legislators by law, retroactively disgorge ill-gotten gains.

Civil not criminal.

jmowreader

(50,560 posts)
32. There's also an 8th Amendment problem
Tue Apr 17, 2018, 06:11 PM
Apr 2018

A fine of 100 percent of their total compensation is more than "excessive."

Also, find the part where he wants the law to take effect in 1985.

WhiskeyGrinder

(22,359 posts)
33. Man, he's good at taking action that results in no action. But it sounds good so REVOLUTION!
Tue Apr 17, 2018, 06:17 PM
Apr 2018

Or something.

Hassin Bin Sober

(26,330 posts)
39. Yeah, look at what has happened re Medicare for all in the last two years
Wed Apr 18, 2018, 04:05 PM
Apr 2018

A couple of years ago it was never ever going to happen. Now there are 16 cosponsors saying oh yeah me too. And public opinion has shifted considerably.

Gee, maybe talking about these pie in the sky ideas actually works.

mountain grammy

(26,626 posts)
42. and, I believe it's a winnable argument
Wed Apr 18, 2018, 04:13 PM
Apr 2018

and will win elections. Medicare for all, I'll talk about it and support it until I'm blue in the face and stone cold dead!

Hassin Bin Sober

(26,330 posts)
47. Absolutely it is. Even conservatives are coming around.
Wed Apr 18, 2018, 04:37 PM
Apr 2018

But let’s just say nothing because it will “never ever happen”

Just like marriage was a “sacred bond between an man and a woman” until the polling came around.

Hassin Bin Sober

(26,330 posts)
45. Is this something you determined all on your own or did you read it up thread?
Wed Apr 18, 2018, 04:34 PM
Apr 2018

Because I’m curious what part is unconstitutional.

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