Dr. Michael Jackson is one of hundreds of pain management specialists arrested, charged and jailed by federal and state authorities for violating the Controlled Substances Act, designed to limit the dispensing of illegal prescription drugs by doctors and their use by patients.
Meanwhile, the high profile right-wing radio talk show host Rush Limbaugh, charged with "doctor shopping" for prescription medication for chronic back pain, reached a settlement with the Florida State Attorney, which his attorney said will be dismissed in 18 months if Limbaugh complies with court guidelines. As a primary condition of the dismissal, Limbaugh must continue to seek treatment only from the doctor he has seen for the past 2.5 years.
In an interview, Dr. Jackson said the contrast between his treatment and Limbaugh's underlines "a widespread double standard - one for the 'haves' and another for the 'have-nots'."
He said, "The 'haves' include a long list of individuals", in addition to Limbaugh -- Senator Edward M. Kennedy's son, Congressman Patrick Kennedy, Miami Dolphins' football star Ricky Williams, former baseball great Darryl Strawberry, Florida Governor Jeb Bush's daughter, Noelle, former Pittsburgh Steelers football quarterback Joe Gilliam, and a multitude of other athletes, movie stars and family members of the well-to-do", Dr. Jackson charged.
He added: "As for the 'have-nots', there is only one group to mention -- the poor. With few exceptions, they're the ones that fill the jails. And the 'haves' who have gone to jail only did so because they violated their probations; otherwise, they would be in rehab," Jackson told us. He said these included Strawberry, Downey, Gilliam and Noelle Bush.
Limbaugh's attorney was famed defense lawyer Roy Black of Miami. Dr. Jackson was represented by a court-appointed public defender - he could not afford to hire an attorney because revocation of his DEA registration meant he could not practice and thus had no income. Limbaugh was also helped by the American Civil Liberties Union (ACLU), an organization frequently a target of Limbaugh's on-air attacks.
When investigators in Florida seized Mr. Limbaugh's medical records for its probe of whether the radio commentator illegally purchased thousands of prescription painkillers, the ACLU cited violations of the broadcaster's constitutional right to privacy. The ACLU insists that defending the privacy of Limbaugh's medical records is consistent with its mission to protect the sanctity of the Bill of Rights.
Limbaugh's lawyers succeeded in getting his medical records sealed. He voluntarily checked himself into voluntary drug rehabilitation for five weeks last year after press reports surfaced that his former housekeeper acted as his middleman in a scheme to buy painkillers for him over the years.
Over the past several years, the federal Drug Enforcement Agency (DEA), cooperating with state and local law enforcement authorities, has been conducting an aggressive campaign against pain management physicians and their patients. The DEA is part of the US Department of Justice. Its primary target is a prescription painkiller called Oxycontin, a drug in the opioid category, which the DEA says is being over-prescribed. It claims that prescriptions for this medication frequently end up being illegally sold on the street by drug dealers.
The DEA-State campaign has resulted in the widespread arrest and jailing of both doctors and their patients - many for long sentences. The DEA defends the campaign as an important part of the "war on drugs," but has been widely criticized by State attorneys general, professional medical associations, and pain management advocacy groups.
According to Dr. Jackson, "Dr. Woodward was coerced into plea bargaining against the other physicians including myself. He perjured himself by implying that there was a conspiracy to distribute opioids illegally. As a result of this conspiracy charge, a motive to commit a crime does not have to be proved."
Jackson was charged in June 2001 with manslaughter, over-prescribing of opioids, prescribing opioids without a legitimate medical reason, and prescribing the drugs to patients with whom he had no legitimate doctor-patient relationship.