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Thursday, March 5, 2009

Prescriptions, Not Pot, Win State Preemption Claim

This morning, in Wyeth v. Levine, the Supreme Court held, 6-3, that federal approval of warnings on prescription drug labels does not preempt state law tort suits alleging that such warnings were inadequate. So pharmaceutical drugs, which are clearly within the purview of interstate commerce, are still subject to state laws, but marijuana, which can be home grown in your backyard, and clearly can be intrastate, is still subject to the feds pre-empting state statutes. I am thinking that is just plain unfair and inequitable.

Personal injury lawyers will like the boost, but I think it sends an inconsistent message of expedience and convenience. When it came to marijuana laws a few years ago the same court said it involved interstate commerce and the federal laws preempted the state laws when it came to pot. But not prescriptions? What am I missing here? Who do you trust more, pharmaceutical salesman or Brownie Mary?

Just thinkin' out loud....

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