A District Court judge has knocked down the Massachussetts ban on the controversial painkiller Zohydro. Reuters reports that the ban obstructed the FDA’s constitutionally mandated charge.

The easily abused hydrocodone painkiller has been the source of ire for lawmakers, Attorneys General and substance abuse communities, and its 2013 approval came at the same time that health authorities were noting that abuse of opioid medications was rising.

Massachusetts Gov. Deval Patrick called opioid abuse a New England public health emergency when he announced his state’s ban. Vermont has also banned the prescription opioid.