Neumann’s Pharmacy: What the Fifth Circuit’s Decision Means for Controlled Substance Oversight

Government and regulatory partner Libby Baney authored an article titled “Neumann’s Pharmacy: What the Fifth Circuit’s Decision Means for Controlled Substance Oversight” for the National Association of Boards of Pharmacy’s Innovations Magazine.

The article provides an overview of the recent Fifth Circuit Court of Appeals decision in Neumann’s Pharmacy, L.L.C. v. Drug Enforcement Administration, which addresses the legal standards governing DEA registration actions against pharmacies and provides guidance on the agency’s “corresponding responsibility” regulation. Baney noted that the court held that the DEA must ground registration actions in governing text, while pharmacists should continue to exercise judgment when dispensing controlled substances.

“The practical lesson is familiar: identify red flags, resolve them using professional judgment, and document the dispensing decision,” Baney concluded. “The Neumann’s decision clarifies the rules of the road; it does not lower the stakes.