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Washington, Mo., considers repealing recently passed PSE legislation

8/3/2009

WASHINGTON, Mo. The city of Washington, located some 50 mi. west of St. Louis and boasting some 50,000 denizens, on Monday considered repealing legislation passed last month that reclassified products containing pseudoephedrine as prescription-only for the approximate 12 pharmacies (including Walgreens and Target) that operate within city limits.

On one side of the argument is Franklin County Sgt. Jason Grellner, who argues that restricting the sale of pseudoephedrine a la the state of Oregon, the only state that requires PSE products to be dispensed only by prescription, is the only measure to effectively stop the diversion of PSE into illegal methamphetamine.

On the other side is a host of associations, including the American Civil Liberties Union, the Missouri Retailers Association and the Consumer Healthcare Products Association, all of whom question the legality behind a local jurisdiction legislating drug laws.

At stake is more than just the restricted sale of PSE products in one small city west of St. Louis, because if the legislation passes and stands, it sets a precedent for the thousands of local governments across the country to pass legislation on the appropriate distribution of medicines. However unlikely the scenario, that precedent would open the door to a prohibitively expensive, chaotic distribution model that would restrict sales of those medicines beyond prescription/non-prescription mandates if retailers or suppliers decide the product is simply too costly to bring to market.

Nearby, Hillsboro-Jefferson County council members are already considering similar legislation, and will entertain public comments Aug. 18, according to published reports. Cities such as Union, St. Clair and Sullivan are also considering similar ordinances.

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