[Congressional Record Volume 147, Number 153 (Wednesday, November 7, 2001)]
[Senate]
[Pages S11564-S11565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      USE OF CONTROLLED SUBSTANCES FOR PHYSICIAN ASSISTED SUICIDE

  Mr. NICKLES. Madam President, in a memorandum issued yesterday to 
Drug Enforcement Administration chief Asa Hutchinson, Attorney General 
Ashcroft overturned a 1998 decision by Attorney General Janet Reno that 
allowed for the use of controlled substances for physician assisted 
suicide.
  Until June 5, 1998, everyone understood that assisted suicide was not 
a ``legitimate medical purpose.'' On that date, Attorney General Janet 
Reno issued a letter carving out an exception for Oregon to use 
Federally-controlled substances for assisted suicide, a decision that 
overturned an earlier determination by the Drug Enforcement 
Administration and which was in direct conflict with 29 years of 
practice under the Controlled Substances Act.
  Attorney General Ashcroft wrote that assisting in a suicide is not a 
``legitimate medical purpose'' under federal law and determined that 
prescribing, dispensing, or administering federally controlled 
substances to assist suicide violates the Controlled Substances Act, 
regardless of whether State law authorizes or permits such conduct by 
practitioners.
  This important decision restores the uniform national standard that 
federally-controlled substances can not be used for the purpose of 
assisted suicide by applying the law to all 50 states.
  Federal law is clearly intended to prevent use of these drugs for 
lethal overdoses, and contains no exception for deliberate overdoses 
approved by a physician. The Controlled Substances Act requires that 
these substances can only be used for a ``legitimate medical purpose'' 
in the interest of ``public health and safety''. Assisted suicide can 
neither be counted as a ``legitimate medical purpose'' or in the 
interest of ``public health and safety.''
  I have personally been a long, strong advocate of States' rights and 
the limited role of the Federal Government. This decision neither 
overturns or pre-empts any State legislation related to suicide. 
Instead, it clarifies that the dispensing of controlled substances for 
the purpose of assisted suicide is prohibited under longstanding 
federal law.

[[Page S11565]]

  Because of Attorney General Reno's letter, for three years the 
federal government has been complicite in allowing the use of Federally 
controlled substances for the specific purpose of causing death--in my 
opinion, in violation of Federal law. There is no role for the Federal 
Government in providing assisted suicide. I compliment Attorney General 
Ashcroft's decision to return to the correct and only reasonable 
interpretation of the Controlled Substances Act. Federally controlled 
substances should be used for a ``legitimate medical purpose'' and not 
for assisted suicide.
  In my opinion, this is very good news for patients and health care 
providers in all 50 States. Yesterday's decision encourages doctors to 
aggressively use Federally-controlled drugs to treat pain while making 
sure that one State cannot overturn Federal law. This move by Attorney 
General Ashcroft was absolutely the right thing to do and I applaud him 
for it.
  A couple of other editorial comments: I heard someone say, Well, wait 
a minute; this directly overturns Oregon law. It does not. Conversely, 
the State of Oregon cannot overturn Federal law, and that is what the 
State of Oregon tried to do.
  Federal law has been in effect for 29 years. The Controlled 
Substances Act goes way back, and it said the Federal Government 
regulates the use of these very strong and in some cases deadly drugs. 
The Federal law states it can only be used for a legitimate medical 
purpose.
  The State of Oregon tried to pass by referendum a law that says these 
drugs can be used for assisted suicide. The Drug Enforcement 
Administration said they cannot be used for assisted suicide.
  Attorney General Reno made a serious mistake 3 years ago when she 
said it was okay. She was wrong. She was overturning basically and not 
interpreting the law correctly, not agreeing with the Drug Enforcement 
Agency that said they never could be used. They reviewed it 
extensively. I think she made a serious mistake, and as a result some 
physicians in Oregon were using federally controlled drugs to assist in 
death.
  Attorney General Ashcroft has overturned her letter. Her letter, in 
my opinion, was in direct contradiction of law. It was very explicit. 
These drugs can only be used for a legitimate medical purpose, and 
assisted suicide was never considered a legitimate medical purpose.
  Attorney General Ashcroft has now corrected that. Somebody says he 
has overturned Oregon law. No. What he did was interpret the Federal 
statute exactly as it was written, exactly as it has been interpreted 
for the last 30 years, and overturned Attorney General Janet Reno's 
mistaken interpretation of law.
  The fact is, neither Oregon nor Oklahoma can overrule Federal law. If 
so--we have Federal laws against cocaine--some States could say, we are 
going to legalize cocaine. But they cannot do that. Individual States 
cannot overturn Federal statutes. That is exactly what the State of 
Oregon tried to do. They were mistaken in their legislative approach 
through the referendum.
  Some people say this is denying the people of Oregon their right to 
vote. That is not correct. The people of Oregon can vote all they want. 
They just cannot change public law by a public referendum. That is what 
they tried to do.
  So again I compliment Attorney General John Ashcroft for his decision 
and for his memorandum to Asa Hutchinson, who is the Drug Enforcement 
Administration chief. I think both are doing an outstanding job, and I 
think the decision is good news for patients because now these drugs 
can be used to alleviate pain.
  I still hope we will pass legislation to encourage the use of these 
very strong drugs to alleviate pain. We have thousands of citizens all 
across this country who are suffering greatly, and they should be 
allowed and encouraged to use these very strong drugs to alleviate the 
pain. If that is the purpose, that is fine. If the purpose is to cause 
their death by suicide, assisted by a doctor or not, that is not right. 
That is not allowed under this statute. This statute cannot allow these 
very strong drugs to be used to alleviate pain.
  We should encourage that. Senator Lieberman and I have introduced 
legislation to that end, and I hope and expect we can get that passed 
in the not-too-distant future.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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