Pseudophedrine laws draw ACLU attention

Why did it take this long???

This story isn't about the failed laws requiring you to sign a log to buy Sudafed. Rather, it's about efforts of states and cities to make it a prescription drug - even though federal law defines it as over-the-counter.

Oregon led the charge in this failed trend, and other states inevitably tried to mimic it. When Missouri failed to pass a bill to make pseudoephedrine a prescription drug, the town of Washington (near St. Louis) passed such an ordinance.

But the eastern Missouri chapter of the ACLU says the city may be sued unless it repeals this new law. That's because this ordinance runs afoul of federal laws that say pseudoephedrine is over-the-counter - and because a similar policy could start affecting other drugs as well.

Despite this, Missouri officials are allowing these rogue municipal ordinances to stay. Dean Linneman, who oversees the Missouri Bureau of Narcotics and Dangerous Drugs, said of the town's ordinance, "As long as it's more restrictive than state and federal laws, and they're able to pass it, the city has the authority to do this."

"As long as it's more restrictive"??? What if it's less restrictive? Talk about "self-rule for me, not for thee."

I guess "preemption" is only allowed when it benefits the drug warriors, huh?

(Source: http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/AE8CA0D287827892862575F2000387EC?OpenDocument)