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All Ketamine Clinics and Prescribers are at Risk for DEA Investigations
- Ketamine is a Schedule III controlled substance, while most opioids are Schedule II drugs. However, the DEA has stated that it is treating ketamine like opioids, comparing its use to “the early days of the opioid epidemic.”
- At Spodek Law Group, we are representing ketamine clinics and providers in DEA investigations and enforcement proceedings across the country.
- All ketamine clinics and providers are at risk for DEA investigation. While the DEA is currently focusing on certain red flags, it is targeting clinics and providers that do not raise these red flags as well.
The U.S. Drug Enforcement Administration (DEA) is cracking down on ketamine clinics and providers across the country. It is targeting clinics and providers that prescribe and dispense ketamine in a variety of settings, with several of the DEA’s efforts resulting in large-scale enforcement actions.
1. Prescribing Ketamine for “Off-Label” Use
The DEA has stated that it is focusing on ketamine clinics and providers that prescribe ketamine for “off-label” use. While ketamine is only approved for use as general anesthesia during diagnostic and surgical procedures, it is widely prescribed for off-label uses including the treatment of depression and other mood disorders.
2. Billing Medicare for Ketamine in Non-Approved Settings
The DEA is also focusing on ketamine clinics and providers that bill Medicare for ketamine in non-approved settings. While Medicare will generally cover ketamine administered in hospitals and surgical centers, it generally will not cover ketamine administered in ketamine clinics.
3. Billing Private Insurance for Ketamine in Non-Approved Settings
The DEA is also focusing on ketamine clinics and providers that bill private insurance for ketamine in non-approved settings.
reduction in pretrial jail population since NJ bail reform
of criminal charges are dismissed or reduced with proper legal representation
Source: NJ Courts Annual Report
Statistics updated regularly based on latest available data
Saying 'I want to remain silent' isn't enough – you must actually stop talking. Officers can keep asking questions, and anything you say after can still be used.
Bail Conditions Are Enforceable
Violating any bail condition – even minor ones like missing a check-in – can result in immediate arrest and revocation of release. Take every condition seriously.
Ketamine Clinics and Providers Need to Take Proactive Steps
- Ensuring that all ketamine prescriptions are medically necessary and supported by documentation
- Ensuring that all ketamine prescriptions are written for FDA-approved uses or are supported by appropriate documentation for off-label use
Spodek Law Group Defends Ketamine Clinics and Providers Against DEA Enforcement
At Spodek Law Group, we have extensive experience representing health care providers in DEA investigations and enforcement proceedings. If you are facing scrutiny from the DEA, we can help you protect your business and your medical license. Call 212-300-5196.
Are Ketamine Clinics Legal in the U.S.?
What Are the Penalties for Illegally Prescribing Ketamine?
California DEA Defense Team Lawyer
California DEA defense lawyers helping physicians and pharmacists facing federal criminal investigations for opioid distribution and controlled substance violations under the Controlled Substances Act.
How Does the Corporate Practice of Medicine (CPOM) Impact Ketamine Practices?
*Results may vary depending on your particular facts and legal circumstances.
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Reduction in pretrial jail population since NJ bail reform implementation.
Source: NJ Judiciary Annual ReportApproval rate for properly filed expungement petitions in NJ.
Source: NJ Courts Statistical ReportCommon Mistakes to Avoid
Actually Stay Silent
Most people know they have the right to remain silent but still talk to police. Anything you say can and will be used against you. Politely decline to answer questions until your attorney is present.
Bail Conditions Are Enforceable
Violating bail conditions, even minor ones, can result in immediate re-arrest and make it much harder to obtain bail again. Follow every condition to the letter.
Proven Track Record
Recent Case Results
*Results may vary depending on your particular facts and legal circumstances.
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience to every case.
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Frequently Asked Questions
New Jersey reformed its bail system in 2017. Instead of a cash-based system, judges now use a Public Safety Assessment (PSA) to determine whether a defendant should be released pretrial. Most defendants are released with conditions, while those deemed high-risk may be detained. An experienced attorney can argue for favorable release conditions at your detention hearing.
No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say to police can be used against you in court. Politely invoke your rights by saying "I want to speak with my attorney before answering any questions." This cannot be held against you.
Attorney fees vary based on the complexity of the case, the charges involved, and whether the case goes to trial. At Spodek Law Group, we offer transparent pricing and flexible payment plans. We provide a free initial consultation to discuss your case and give you an honest assessment of costs. Investing in quality representation often saves far more in the long run than choosing the cheapest option.
An arraignment is your first court appearance after being charged with a crime. The judge will read the charges against you, and you'll enter a plea (usually not guilty at this stage). The judge will also set bail or release conditions. Having an attorney at your arraignment is critical, as they can advocate for favorable bail terms and begin building your defense strategy from day one.
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