Michael Dowell Discusses Impact on Pharmacies of U.S. Supreme Court Ruling that DEA Must Prove Knowing and Intentional Violations of the CSA
In The News | 1 min read
Dec 8, 2022
In a legal column published by U.S. Pharmacist, Hinshaw partner Michael Dowell discussed the impact of the U.S. Supreme Court's decision in the consolidated case Ruan v. United States and Kahn v. United States. The Ruan decision ruled that the Drug Enforcement Administration (DEA) must prove beyond a reasonable doubt that a prescriber knowingly or intentionally issued a prescription that they knew or intended was not for a legitimate medical purpose in order to subject that physician to criminal penalties under the Controlled Substances Act (CSA).
Dowell provides a thorough outline of the case, which he describes as having "significant implications for all persons and entities subject to the CSA, including pharmacists and pharmacies who are subject to a 'corresponding responsibility' to only fill lawful prescriptions issued for a legitimate medical purpose."
Dowell addressed the decision's impact on pharmacies and DEA enforcement actions:
With the added mens rea element to prove, DEA enforcement actions against physicians, pharmacies, pharmacists, drug wholesale distributors, pharmaceutical manufacturers, and other controlled-substances prescribers for wrongfully distributing or dispensing opioids and other controlled substances under various fact patterns may be less likely to occur and/or less likely to result in convictions.
He added that the decision increases the DEA’s elements-of-proof threshold for CSA violation convictions, but is not expected to be a significant obstacle for future DEA enforcement actions.
Read the full article on the U.S. Pharmacist website
"DEA Must Prove “Knowing and Intentional” Violations of the Controlled Substances Act" was published by U.S. Pharmacist on November 18, 2022.
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case

Press Release
Aug 21, 2025
102 Hinshaw Lawyers Recognized in 2026 Editions of The Best Lawyers in America® and Ones to Watch™





