Gilbert Ross Ghearing, MD, 65, a family practitioner who treated pain in Celina, Tennessee, was charged May 17, 2019 with violating the Controlled Substances Act by prescribing controlled drugs “outside the usual course of practice and not for a legitimate medical purpose”. This is the standard restructuring of the CSA by the DOJ outside of its intent, in order to attack compassionate physicians and confiscate their assets for the government agency’s own financial benefit.

The government actually states in their press release that the charges stem from the doctor’s prescriptions to patients. That is automatic exemption by the Controlled Substance Act, as per multiple Supreme Court decisions that state that as long as the doctor is not selling scripts to addicts on the street corner, but to legitimate patients, he/she is exempt.

The federal government again commits unconstitutional government overreach into a medical office by acting as a medical reviewer over the decision making of the doctor. Per §802(56)(c), only the doctor can determine legitimate medical practice. But the government uses easy “identifiers” to target specific legitimate medical practices, such as the prescription of combinations of benzodiazepines and opiates. This has been legitimate medical practice for 50+ years, only recently becoming an easy target for the government because of the numbers of pain patients that are on this combination. As a rule, it is safe when taken as prescribed. And those that have overdosed are primarily patients that have been thrown to the street by the government’s closing down medical practices. As more pain patients develop anxiety over whether their pain will be treated adequately, this is an easy way to target the compassionate physicians.

The government also uses lies in their charges. In this case they state that patients had a past medical history of abuse including multiple instances of overdoses. The DEA agents are trained to lie and state that the doctor being targeted “knows” his patients are abusing. Or could it just be from the DEA’s basic premise that anyone on an opioid is an addict? That’s probably the correct scenario.

The government then cinches the case by making it look like Dr. Ghearing was running away from something when they state that “while under investigation for federal offenses, he booked a flight to depart on May 19, 2019, with a final destination to the Marshall Islands.” But doctors aren’t informed that they are “under investigation”. Not until the raid do they have any suspicion that the government has them in its sights. That’s because doctors prescribe according to the law and are generally completely naïve to what the government is doing, until it happens to them.

Dr. Ghearing announced earlier this month that he was retiring from practice for health reasons. Any other profession can retire and move to a tropical island without being charged with a crime. Why is this happening to legitimate doctors? MONEY!!

Ghearing’s attorney complained that US Attorney Cochran had made inflammatory statements to the press that make it impossible for Ghearing, a 30-year military veteran with no criminal history, and other medical professionals, to get a fair trial.

But the media helps the government by printing the government’s lies and innuendos so that the doctor is forced, usually, to accept a plea even though they’ve done nothing wrong. And they print the standard phrase used by every US Attorney now to make a doctor look like he/she violated the Controlled Substance Act, even though it’s a made-up charge—the “drug dealer in a white coat” line.

The Government Knows How to Brainwash the People 1. Say it often enough and people will believe it. 2. Use simple repeated words (pill mill, pill mill, pill mill)

As Hitler said, “Make the lie big, make it simple, keep saying it, and eventually they will believe it.”

So now Dr. Ghearing sits in a jail cell wondering what the heck is going on. If he caves in to the government bullying, he could spend the rest of his natural life in prison. And the government agencies involved in his “investigation” reap the benefits of the forfeitures and fines. These money-grubbing agencies involved in this lawlessness are the DEA, DHHS-OIG; the Tennessee Bureau of Investigation, Assistant U.S. Attorney Sarah Bogni, U.S. Attorney Don Cochran, and U.S. Magistrate Judge Alistair Newbern.

Word to the wise to other innocent physicians:

If you are going to leave the country to spend your retirement in paradise, don’t buy your tickets in advance. Just hop a plane.

Addendum:

Dr. Ghearing was convicted by jury on March 29, 2023, in spite of the Ruan/Kahn SCOTUS decision.

To end these attacks, restore pain management, and provide compensation to all the families that have been destroyed by government overreach, we must get the Controlled Substance Act repealed.  Join Doctorsofcourage to get that done. Learn what we teach and spread the word.  NO DRUG CAUSES ADDICTION!! Let’s end the War on Drugs, Doctors and Pain Patients, end the black market, solve the southern border crisis, and restore proper pain management.  It CAN be done!

Addendum February, 2024:

Dr Ghearing passed away January 27, 2024 at the age of 69.  The cause of death has not been determined.  I do not see where he had been sentenced.

Linda Cheek, MD

About the Author Linda Cheek, MD

Linda Cheek is a teacher and disenfranchised medical doctor, turned activist, author, and speaker. A victim of prosecutorial misconduct and outright law-breaking of the government agencies DEA, DHHS, and DOJ, she hopes to be a part of exonerating all doctors illegally attacked through the Controlled Substance Act. She holds the key to success, as she can offset the government propaganda that drugs cause addiction with the truth: The REAL Cause of Drug Abuse.
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