WASHINGTON, DC — Facing growing criticism on his controversial legislative agenda, Rep. Tom Marino (R-10 PA) on October 17 withdrew his name from consideration of appointment to lead the Office of National Drug Control Policy, a position also known as “Drug Czar.” Marino, 65, represents Pike, Wayne, eight other NEPA counties and parts of four others.

Donald Trump had named Marino as his nominee in September. Democratic critics, following on an October 15 investigative report by The Washington Post and CBS’s “60 Minutes,” charged that Marino is the drug industry’s man in Congress. “It’s like putting the wolf in charge of the hen house,” Senate Minority Leader Charles Schumer (D-NY) said in demanding the nomination be withdrawn.

The investigative report revealed Marino’s role supporting pharmaceutical initiatives in Congress since 2011, as well as his being the primary sponsor of 2014 legislation, the “Ensuring Patient Access and Effective Drug Enforcement Act” (EPAEDEA), which contained an un-highlighted policy change related to opioid use that reviewers did not catch.

Focused congressional pressure was successfully exerted upon Department of Justice (DOJ) and Drug Enforcement Agency (DEA) officials who had initially opposed EPAEDEA, and the principal DEA official opposing the legislation was demoted following a letter of complaint from Marino.

With what appeared to be DOJ and DEA support, the seemingly uncontroversial EPAEDEA passed both houses of Congress by unanimous consent and was signed by President Obama in 2016. Its un-highlighted policy change has since all but stopped DEA efforts to prevent  widespread distribution of untold millions of opioids.

The Post wrote, “The law was the crowning achievement of a multifaceted campaign by the drug industry to weaken aggressive DEA enforcement efforts against drug distribution companies that were supplying corrupt doctors and pharmacists who peddled narcotics to the black market. The industry worked behind the scenes with lobbyists and key members of Congress, pouring more than a million dollars into their election campaigns… Political action committees representing the industry contributed at least $1.5 million to the 23 lawmakers who sponsored or co-sponsored four versions of the bill, including nearly $100,000 [$92,500] to Marino and $177,000 to [Sen. Orin] Hatch,” of Utah, who negotiated the final Senate version of the law.

Osterberg says Marino has explaining to do

Pike County Commissioners Chair Matt Osterberg, a Republican, has been pressing for opioid/heroin epidemic answers for several years and recently announced a contract with two law firms that could lead to the county’s suing the drug companies and distributors of opioids.

Commenting on the Marino nomination, Osterberg admitted “much concern with this decision. Mr. Marino sure has some explaining to do, but so does every other member of Congress and our previous president. Where were our two senators?”

Osterberg was critical of the unanimous consent voting on any drug enforcement legislation. “Washington is broke[n]. You watch the news and all of them are running for cover. Marino may be the ringleader, but the rest of them are part of the gang. [They are] all just worried about protecting their jobs, not doing their jobs. Shameful.”

Democratic Commissioner Steve Guccini expressed “serious concerns” with the nomination. Guccini said he was already aware of Marino’s legislation and “contributions to his campaign by drug companies… Until we have the courage to adopt a Constitutional Amendment getting the money out of Congressional races we are never going to solve this problem. In that regard, both political parties are complicit,” he said.

Speaking of the commissioners’ call for drug treatment programs, Guccini said “Perhaps just as troubling is Marino’s incessant attempts to repeal the Affordable Care Act (ACA) with no realistic plan to replace it.” He cited Medicaid expansion, part of the ACA, as an invaluable tool in paying for long-term treatment of opioid addiction, since it funded treatment from earmarked state funds for those who do not qualify for Medicaid and do not have other insurance to pay for treatment. “If your position is that you are going to repeal the ACA because everything that President Obama did was wrong, then you are not serious about tackling opioid addiction.”