Missouri Walmart's Legal Troubles: What Laws Were Broken?

In 2019, a 20-year-old man named Dmitriy Andreychenko walked into a Walmart in Springfield, Missouri, with a loaded rifle, 100 rounds of ammunition, and a bulletproof vest. He was charged with making a terrorist threat in the second degree, a Class E felony punishable by up to four years in prison.

While Missouri is an open-carry state, it is illegal to carry a firearm if it is intentionally displayed in an angry or threatening manner, not in necessary self-defense. In a statement, Greene County Prosecuting Attorney Dan Patterson said:

> Missouri protects the right of people to open carry a firearm, but that does not allow an individual to act in a reckless and criminal manner endangering other citizens.

In addition to this, Walmart has a company policy that they won't sell alcohol to a party that includes minors or anyone who appears under 40 and cannot provide a valid, unexpired ID.

Walmart has blocked thousands of doctors from having opioid prescriptions filled by their pharmacists

Walmart has defended its actions, stating that they are proud of their pharmacists for helping patients understand the risks associated with opioid prescriptions. The company has also highlighted that pharmacists have the authority to reject suspicious prescriptions and that this occurred frequently at their stores. However, critics argue that Walmart pharmacists lacked the time, training, information, and corporate backing to properly review opioid prescriptions.

The opioid crisis in the United States has led to hundreds of thousands of deaths, and Walmart has been accused of contributing to this crisis by shipping and selling billions of highly addictive pills without proper safeguards. The company faces lawsuits from the Department of Justice (DOJ) and state and local governments, who claim that Walmart failed to fulfil its responsibility to prevent the diversion of prescription opioids.

Walmart has denied these allegations, arguing that federal regulators are to blame for the opioid crisis and that it is not the company's job to crack down on dangerous doctors. The company has also filed a lawsuit against the DOJ and the Drug Enforcement Administration (DEA), seeking clarification on what pharmacists should do when presented with a legitimate opioid prescription.

The debate surrounding Walmart's actions highlights the complex nature of the opioid crisis and the challenges faced by pharmacists in balancing patient access to medication with the risks of opioid prescriptions. As the lawsuits progress, it remains to be seen how the courts will interpret the responsibilities and liabilities of pharmacies and pharmacists in addressing the opioid epidemic.

Walmart has refused to fill hundreds of thousands of opioid prescriptions

Walmart's refusal to fill opioid prescriptions has resulted in lawsuits from patients, doctors, and state medical and pharmacy boards. The company has been accused of harming patients, illegally discriminating, and disrupting legitimate medical practices. However, Walmart defends its actions, stating that it is proud of its pharmacists for helping patients understand the risks associated with opioid prescriptions.

The issue at hand revolves around the role of pharmacists in evaluating opioid prescriptions. When presented with a prescription from a state-licensed and DEA-approved doctor, pharmacists must decide whether to fill it without the benefit of a medical degree or access to the patient's records. If they fill a prescription that is later deemed questionable, they may face civil liability or even criminal prosecution. On the other hand, refusing to fill a prescription can lead to investigations, lawsuits, and harm to patients who need the medication.

Walmart believes that the Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) should provide clear guidance on what is expected of pharmacies and pharmacists regarding opioid prescriptions. The company has filed a petition requesting the DEA to propose rule-making to address this issue. Additionally, Walmart has sought legislative reforms to protect pharmacists who refuse to fill prescriptions deemed problematic.

The situation highlights the complex nature of the opioid crisis and the need for collaboration between different stakeholders. While Walmart's efforts to combat the crisis are commendable, the lack of clear guidelines from regulatory bodies has resulted in confusion and conflicting interests. It remains to be seen whether the courts will provide clarification on the responsibilities of pharmacists and the legality of refusing to fill opioid prescriptions.

The Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) are suing Walmart

The DOJ and DEA's lawsuit puts pharmacists in a difficult position. If a pharmacist fills a prescription from a DEA-approved doctor, they risk federal investigations, civil liability, or criminal prosecution if the prescription is later deemed problematic. On the other hand, if they refuse to fill a prescription, they may face investigations, loss of licenses, and lawsuits from patients and doctors.

Walmart defends its actions by highlighting its efforts to combat the opioid crisis and argues that the lawsuit is misguided, riddled with inaccuracies, and attempts to shift blame for the DEA's failures. The company calls for clear guidelines from the DOJ and DEA on how pharmacists should handle opioid prescriptions, rather than leaving them to guess based on scattered letters and PowerPoints.

The lawsuit has sparked debates about the role of pharmacists in the opioid crisis and the need for clarity in handling opioid prescriptions. Walmart intends to defend itself against the lawsuit and seeks legislative reforms to protect pharmacists who refuse to fill prescriptions deemed questionable.

State medical and pharmacy boards have criticised, investigated, and threatened Walmart and their pharmacists

Walmart's actions have led to criticism from many health regulators, medical groups, doctors, and patients, who say that Walmart is interfering with the doctor-patient relationship and preventing patients from getting needed medicine. This has resulted in complaints, investigations, and threats of legal action from state medical and pharmacy boards across the country.

For example, a Georgia legislator proposed a bill to punish Walmart for blocking questionable doctors, and the President of the Texas Medical Board threatened cease-and-desist orders against Walmart and their pharmacists for interfering in the practice of medicine. The Tennessee Pharmacy Board also launched inspections and a months-long investigation into Walmart pharmacies after a doctor complained that Walmart wouldn't fill their opioid prescriptions.

Walmart, however, defends its position, stating that they are proud of their pharmacists for helping patients understand the risks of opioid prescriptions and that they are making good-faith efforts to address the opioid crisis and satisfy the Drug Enforcement Administration (DEA). They argue that there is a lack of clear guidance and that they are being caught between conflicting demands from federal and state regulators.

Walmart has been accused of interfering with the doctor-patient relationship

Walmart has blocked thousands of questionable doctors from having their opioid prescriptions filled by any of their pharmacists as part of their efforts to address the opioid crisis and satisfy the DEA. However, this has led to criticism from health regulators, medical groups, doctors, and patients, who say that Walmart is going too far and improperly interfering in the doctor-patient relationship.

Walmart pharmacists are put in a difficult position when deciding whether to fill a prescription. On the one hand, if they accept a doctor's judgment and fill a valid-looking prescription, they risk federal investigations and liability if the DOJ and DEA later decide that the prescription should not have been filled. On the other hand, if they refuse to fill the prescription, they may face investigations and penalties from state boards for practicing medicine without a license, as well as lawsuits from patients and doctors.

Walmart defends its actions by stating that no law tells a pharmacist how to decide whether to fill a prescription. They argue that the DOJ lawsuit is wrong and riddled with inaccuracies, and that the DEA should focus on policing the doctors it gave permission to prescribe opioids.

The situation has led to calls for clarity and legislative reforms to protect pharmacists and provide clear guidelines on how to handle opioid prescriptions.

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