A War on Drugs That Bombs Boats, Pardons ‘Narco-State’ President, and Prosecutes Doctors

By Dr. Lynn Webster

On September 1, 2025, a U.S. warplane blew apart a small speedboat in the Caribbean, killing all eleven people on board. President Trump released the video like a trailer for a new season of a drug war TV series, boasting that the vessel was loaded with narcotics and crewed by Venezuelan “narco-terrorists.”

The strike was the opening salvo in a new campaign of air attacks on suspected drug boats in the Caribbean and eastern Pacific — Operation Southern Spear — that has killed at least 87, all on the strength of the administration’s unproven claims about who was on board and what cargo they were carrying.

On December 1, the same administration quietly did something very different. It issued a “full and complete pardon” to former Honduran president Juan Orlando Hernández, who was convicted in a U.S. federal court of helping move more than 400 tons of cocaine into the United States and running Honduras as what prosecutors called a “narco-state.”

Hernández was serving a 45-year sentence when the pardon came through. The White House justified the move by claiming the trial was “politicized” under the prior administration and that Hernández was the victim of overzealous prosecutors relying on compromised witnesses.

So, in the space of a few months, we have a government that claims the authority to kill alleged drug traffickers on the high seas without a trial, while freeing a former head of state that U.S. courts found to be deeply enmeshed in the cocaine trade.

At the same time, ordinary physicians inside the United States continue to be charged as “drug dealers in white coats” for prescribing opioid analgesics to patients in pain—often amid clinical uncertainty and shifting standards of care.

Drug Control by Spectacle

Together, the boat killings, the Hernández pardon, and the prosecution of well-intended physicians reveal something fundamental about the modern American war on drugs: It is less a coherent public-health strategy than a flexible political script.

Consider Hernández. For years, he was treated as a reliable U.S. ally, an eager partner in migration control and anti-drug cooperation. Only after he left office did the Justice Department present evidence that his government functioned as a protection racket for traffickers, with bribes flowing in and cocaine flowing north.

A New York jury convicted him; a federal judge imposed a 45-year sentence; and families ravaged by the cocaine trade were told this was a landmark in the fight against high-level corruption.

Yet, with the stroke of a pen, that message has been reversed. The pardon has been widely read in Honduras as an intervention on behalf of Hernández’s political allies, and it signals that even the most spectacular narcotics conviction is negotiable if the defendant is useful to Washington.

Now, set that alongside the first boat killing and the broader air campaign that followed. Under Operation Southern Spear, U.S. forces have been authorized to strike suspected drug-running vessels in international waters, killing dozens of people so far in the Caribbean and Eastern Pacific.

Human-rights experts call this an extrajudicial killing regime. They cite the fact that there has been little transparency and no meaningful process to distinguish a trafficker from, say, an unlucky fisherman who happened to be in the wrong place at the wrong time.

This is drug control by spectacle. It projects toughness and reassures a domestic audience that someone is paying the price for drug trafficking. But it does little to reduce supply, and it risks deepening resentment in countries that already bear the brunt of the U.S.’s drug policy.

Physicians Targeted

Meanwhile, inside the United States, the same punitive mindset has migrated into medicine. Under the Controlled Substances Act, doctors commit a crime if they “knowingly or intentionally” distribute or dispense controlled substances in an unauthorized way.

In our amicus brief in Ruan v. United States, my co-authors and I explained how prosecutors have increasingly treated alleged deviations from the “standard of care” as proof that a prescription lacked a “legitimate medical purpose in the usual course of professional practice.” This effectively turned malpractice or medical guideline disputes into drug-trafficking charges, and eroded the requirement that the government prove a guilty mind.

In the Ruan ruling, the Supreme Court unanimously held that the government must show that a prescriber knew their conduct was improper and illegal.

Yet for many clinicians, the message from years of aggressive prosecutions is that prescribing opioids to patients with complex pain conditions can be a fast track to a felony indictment. Physicians have watched colleagues led from their offices in handcuffs, their careers and reputations destroyed, sometimes on the basis of retrospective judgments about “red flags” rather than evidence of deliberate criminality.

Put crudely, our system has developed three very different responses to people labeled “drug traffickers.”

If you are a poor person on a boat in the Caribbean, you may be killed without a trial.

If you are a former president whose government helped move hundreds of tons of cocaine, you may be pardoned.

If you are a physician treating complex pain patients in a fragmented, under-resourced health system, you may be prosecuted as a drug dealer if your prescribing patterns later look suspicious on a spreadsheet.

That is not a rational drug policy. It is a hierarchy of whose lives are expendable, whose conduct is negotiable, and whose mistakes are treated as crimes.

None of this is to deny that real traffickers wield violence and that some clinicians have abused their prescribing privileges. But when we glorify lethal force at sea, quietly forgive a leader of what U.S. prosecutors themselves called a narco-state, and simultaneously treat legitimate clinical judgment as suspect, we are no longer talking about a war on drugs.

We are talking about a war on certain kinds of people: the poor, the foreign, the sick, and medical professionals all serve as convenient scapegoats.

If we are serious about reducing overdose deaths and drug-related harm, we need to abandon the theatrics. That means three things.

First, we must subject military operations to rigorous legal and human-rights scrutiny.

Second, we must acknowledge that pardoning a convicted narco-president while bombing alleged couriers does not “send a message” of resolve. It sends a message of incoherence — and of a system more invested in performance than in justice or saving lives.

Third, once and for all, we must end the use of criminal law to second-guess good-faith medical practice.

Lynn Webster is a physician specializing in pain and addiction medicine, a former president of the American Academy of Pain Medicine, Senior Fellow at the Center for U.S. Policy, and author of “The Painful Truth” and the forthcoming book “Deconstructing Toxic Narratives – Data, Disparities, and a New Path Forward in the Opioid Crisis.” He has written extensively on drug policy, the opioid crisis, and the criminalization of medicine.  

Supreme Court Ruling Gives Hope to Doctors Facing Opioid Charges

By Brett Kelman, Kaiser Health News

Dr. Nelson Onaro conceded last summer that he’d written prescriptions illegally, although he said he was thinking only of his patients. From a tiny, brick clinic in Oklahoma, he doled out hundreds of opioid pills and dozens of fentanyl patches in a way that was "outside the usual course of professional practice."

“Those medications were prescribed to help my patients, from my own point of view,” Onaro said in court, as he reluctantly pleaded guilty to six counts of drug dealing. Because he confessed, the doctor was likely to get a reduced sentence of three years or less in prison.

But Onaro changed his mind in July. In the days before his sentencing, he asked a federal judge to throw out his plea deal, sending his case toward a trial. For a chance at exoneration, he’d face four times the charges and the possibility of a harsher sentence.

Why take the risk? A Supreme Court ruling has raised the bar to convict in a case like Onaro’s. In a June decision, the court said prosecutors must not only prove a prescription was not medically justified ― possibly because it was too large or dangerous, or simply unnecessary ― but also that the prescriber knew as much.

Suddenly, Onaro’s state of mind carries more weight in court. Prosecutors have not opposed the doctor withdrawing his plea to most of his charges, conceding in a court filing that he faces “a different legal calculus” after the Supreme Court decision.

The court’s unanimous ruling complicates the Department of Justice’s ongoing efforts to hold prescribers criminally liable for fueling the opioid crisis. Previously, lower courts had not considered a prescriber’s intention. Until now, doctors on trial largely could not defend themselves by arguing they were acting in good faith when they wrote bad prescriptions. Now they can, attorneys say, although it is not necessarily a get-out-of-jail-free card.

“Essentially, the doctors were handcuffed,” said Zach Enlow, Onaro’s attorney. “Now they can take off their handcuffs. But it doesn’t mean they are going to win the fight.”

The Supreme Court’s decision in Ruan v. United States, issued June 27, was overshadowed by the nation-shaking controversy ignited three days earlier, when the court erased federal abortion rights. But the lesser-known ruling is now quietly percolating through federal courthouses, where it has emboldened defendants in opioid prescribing cases and may have a chilling effect on future prosecutions of doctors under the Controlled Substances Act.

In the three months since it was issued, the Ruan decision has been invoked in at least 15 ongoing prosecutions across 10 states, according to a KHN review of federal court records. Doctors cited the decision in post-conviction appeals, motions for acquittals, new trials, plea reversals, and a failed attempt to exclude the testimony of a prescribing expert, arguing their opinion was now irrelevant. Other defendants have successfully petitioned to delay their cases so the Ruan decision could be folded into their arguments at upcoming trials or sentencing hearings.

David Rivera, a former Obama-era U.S. attorney who once led prescribing prosecutions in Middle Tennessee, said he believes doctors have a “great chance” of overturning convictions if they were prohibited from arguing a good faith defense or a jury was instructed to ignore one.

Rivera said defendants who ran true pill mills would still be convicted, even if a second trial was ultimately required. But the Supreme Court has extended a “lifeline” to a narrow group of defendants who “dispensed with their heart, not their mind,” he said.

“What the Supreme Court is trying to do is divide between a bad doctor and a person who might have a license to practice medicine but is not acting as a doctor at all and is a drug dealer,” Rivera said. “A doctor who is acting under a sincerely held belief that he is doing the right thing, even if he may be horrible at his job and should not be trusted with human lives ― that’s still not criminal.”

The Ruan decision resulted from the appeals of two doctors, Xiulu Ruan and Shakeel Kahn, who were separately convicted of running pill mills in Alabama and Wyoming, respectively, then sentenced to 21 and 25 years in prison. In both cases, prosecutors relied on a common tactic to show the prescriptions were a crime: Expert witnesses reviewed the defendants’ prescriptions and testified that they were far out of line with what a reasonable doctor would do.

But in writing the opinion of the Supreme Court, then-Justice Stephen Breyer insisted the burden of proof should not be so simple to overcome, remanding both convictions back to the lower courts for reconsideration.

Because doctors are allowed and expected to distribute drugs, Breyer wrote, prosecutors must not only prove they wrote prescriptions with no medical purpose but also that they did so “knowingly or intentionally.” Otherwise, the courts risk punishing “conduct that lies close to, but on the permissible side of, the criminal line,” Breyer wrote.

To defense attorneys, the unanimous ruling sent an unambiguous message.

“This is a hyperpolarized time in America, and particularly on the court,” Enlow said. “And yet this was a 9-0 ruling saying that the mens rea ― or the mental state of the doctor ― it matters.”

Maybe nowhere was the Ruan decision more pressing than in the case of Dr. David Jankowski, a Michigan physician who was on trial when the burden of proof shifted beneath his feet.

Jankowski was convicted of federal drug and fraud crimes and faces 20 years in prison. In an announcement of the verdict, the DOJ said the doctor and his clinic supplied people with “no need for the drugs,” which were “sold on the streets to feed the addictions of opioid addicts.”

Defense attorney Anjali Prasad said the Ruan ruling dropped before jury deliberations in the case but after prosecutors spent weeks presenting the argument that Jankowski’s behavior was not that of a reasonable prescriber — a legal standard that on its own is no longer enough to convict.

Prasad cited the Ruan decision in a motion for a new trial, which was denied, and said she intends to use the decision as a basis for a forthcoming appeal. The attorney also said she is in discussion with two other clients about appealing their convictions with Ruan.

“My hope is that criminal defense attorneys like myself are more emboldened to take their cases to trial and that their clients are 100% ready to fight the feds, which is no easy task,” Prasad said. “We just duke it out in the courtroom. We can prevail that way.”

Some defendants are trying. So far, a few have scored small wins. And at least one suffered a crushing defeat.

In Tennessee, nurse practitioner Jeffrey Young, accused of trading opioids for sex and notoriety for a reality show pilot, successfully delayed his trial from May to November to account for the Ruan decision, arguing it would “drastically alter the landscape of the Government’s war on prescribers.”

Also in Tennessee, Samson Orusa, a doctor and pastor who last year was convicted of handing out opioid prescriptions without examining patients, filed a motion for a new trial based on the Ruan decision, then persuaded a reluctant judge to delay his sentencing for six months to consider it.

And in Ohio, Dr. Martin Escobar cited the Ruan ruling in an eleventh-hour effort to avoid prison.

Escobar in January pleaded guilty to 54 counts of distributing a controlled substance, including prescriptions that caused the deaths of two patients. After the Ruan decision, Escobar tried to withdraw his plea, saying he’d have gone to trial if he’d known prosecutors had to prove his intent.

One week later, on the day Escobar was set to be sentenced, a federal judge denied the motion. His guilty plea remained and Escobar got 25 years.

Kaiser Health News is a national newsroom that produces in-depth journalism about health issues.