Thoughts on suing the United States government for violation of the Americans with Disabilities Act?
Ok, this more of a question/spitballing for us Americans out there. Is it possible that the Controlled Substances Act of 1970, which lists amphetamine and dextroamphetamine as a schedule 2 drug, is in violation of the Americans with Disability Act, which ADHD is covered under? I just find it so egregious that medical treatments for our disability are criminalized to such a degree.
I don't need to tell anyone here how burdensome the hurdles to get treatment are, especially these days with the massive shortages on stimulant medications. I've been without Vyvanse for over 3 months now and if I try calling a pharmacy to see if they have anything else in stock as an alternative, they treat me like an addict and hang up on me. Meanwhile, we are expected to perform at work and school as if we don't have a disability. The outcomes of this disorder can be life ruining. Being fired, failing school, divorce, and financial ruin are not out of the question. It feels like being told to play basketball with your hands tied behind your back.
If our treatments weren't criminalized, could that alleviate the pressure on the production of ADHD medication? The CSA was signed 20 years before the ADA became law. Isn't it possible that the CSA is outdated and violates the newer law? We don't have to wait on legislators to change the laws, the courts can also deem them illegal or certain statutes in need of revision. Does anyone else think we have some recourse here?
Posted Jan 15, 2024, 4:05 PM UTC