Ex-Insys Employee in U.S. Kickback Case Loses Fight to Smoke Pot

A U.S. judge has rejected a former Insys Therapeutics Inc employee's arguments that he had a constitutional right to use marijuana while under indictment for what federal prosecutors call a scheme to pay kickbacks to doctors to prescribe an opioid drug.

Jeffrey Pearlman, a former Insys district sales manager, had sought to modify his bail conditions so that he could continue using marijuana prescribed by a New Jersey doctor to help kick an opioid addiction he developed after a spine injury.

Pearlman is one of several former employees and executives of Arizona-based Insys to face U.S. charges related to Subsys, an under-the-tongue spray intended for cancer patients containing fentanyl, an addictive and regulated synthetic opioid.

His lawyers argued that requiring Pearlman to give up medical marijuana would force him to return to using opioids, impairing his constitutional rights to fully participate in his defense and to due process.

But U.S....

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