It may not play out the way you think it will. We have a doctrine in the law where federal law supercedes state law. States may make stricter laws than the federal law, but they may not make less stringent laws, effectively overriding the federal.
Ivermectin is a prescription-only drug under the FDA's authority granted it by the Food, Drug, and Cosmetic Act. I'd be very hesitant to sell it over the counter and risk having the feds come on and throw the book at me for violating federal law, even while following this new state law.
Perhaps there's a nuance here I don't get. That's what we have lawyers for, but my understanding is that this is kabuki theater right now.
It seems a pharmacist will have to have a collaborative practice agreement with a local physician and there will be an assessment of the patient and series of specific protocols under which it may be dispensed. It'll vary based on what the local doc is willing to authorize.
Something about the 10th amendment. Several states also passed laws about firearms that are manufactured in state and never cross state lines. Commerce rules don’t apply. Maybe they want a showdown to prove States are the top authority unless they give some away voluntarily to the feds.
It may not play out the way you think it will. We have a doctrine in the law where federal law supercedes state law. States may make stricter laws than the federal law, but they may not make less stringent laws, effectively overriding the federal.
Ivermectin is a prescription-only drug under the FDA's authority granted it by the Food, Drug, and Cosmetic Act. I'd be very hesitant to sell it over the counter and risk having the feds come on and throw the book at me for violating federal law, even while following this new state law.
Perhaps there's a nuance here I don't get. That's what we have lawyers for, but my understanding is that this is kabuki theater right now.
Edit: u/stampcrabsalesman posted this link below: https://www.wsmv.com/2022/04/09/ivermectin-its-way-becoming-available-without-prescription-tennessee/
It seems a pharmacist will have to have a collaborative practice agreement with a local physician and there will be an assessment of the patient and series of specific protocols under which it may be dispensed. It'll vary based on what the local doc is willing to authorize.
Then again; might be a case for the Supreme Court to reinstate Health matters are State matters. . .not under the jursidiction of the Feds or the FDA.
Good point. I had to repeat that many times, " fed law supercedes..." , in my past.
Have to ck into that tomorrow. Thsnks.
So all the states that legalized pot didn’t really? That isn’t what I hear.
Great counter. It's not apples and oranges that you compare. Thanks.
Something about the 10th amendment. Several states also passed laws about firearms that are manufactured in state and never cross state lines. Commerce rules don’t apply. Maybe they want a showdown to prove States are the top authority unless they give some away voluntarily to the feds.