[mindslight]

The problem is that the FDA/DEA went past solving a problem (opt-in), and into restricting behavior (can't opt-out).

Testing is good. Market standards and labeling are good. Completely prohibiting sales (by default!) between informed parties is bad.

Distribution of new antibiotics should probably be discouraged to avoid breeding resistant strains, but this is a rare exception (notice the title of this article mentions three classes of drugs, yet focuses on the only one that has moral standing). It can also be solved through less heavy-handed methods like manufacturer agreements, rather than an impermissive white list on every area the FDA sees fit for growing their clout.