Proposed Federal Law
The summary of the proposed Federal law # S.980: Ryan Haight Online Pharmacy Consumer Protection Act of 2008, is to: Amend the Controlled Substances Act to prohibit the delivery, distribution, or dispensing of controlled substances over the Internet without a valid prescription.
United States Constitution- Dormant Commerce Clause
U.S. Constitution articles I, § 8 (Commerce Clause) grants Congress the power to regulate interstate commerce. Gibbons v. Ogden, 22 U.S. 1, 227 (1824), contains the first proffer that the Commerce Clause grants to the Federal government all commerce regulations not specifically granted to the states. This finding is now known as the Dormant Commerce Clause. The Dormant Commerce Clause prohibits state regulations in two ways. It prohibits state regulations that discriminate against interstate commerce and prohibits state regulations that, although nondiscriminatory in nature, impose an undue burden on interstate commerce. Allowing the Federal government to assume regulatory power when a pharmacy conducts business over the Internet represents an acceptable imposition of Federal authority into an area traditionally regulated by the states.
We confirm:
In particular, our pharmacies ship orders to residents of all those states, including their home state, where they have been issued a state license by the Board of Pharmacy or an out of state mail order license/permit by the relevant Board, as is applicable.
We currently dispense from two pharmacies, based in the North East and South East of the US servicing those states geographically closest to them.
The following licenses/permits relate to our South East pharmacy.
United States Constitution- Dormant Commerce Clause
Taking into account the Dormant Commerce Clause and the unknown status or unavailability of a state license/permit, we also ship non controlled prescription drugs to residents of these states:
Arkansas, Louisiana, Nebraska,
California, Michigan, Tennessee,
Colorado, Missouri, Kentucky, Montana
Despite our view that state laws and regulations in the following States may not be in compliance with the Dormant Commerce Clause, we currently do not ship orders to residents of these States:
Idaho,North Carolina, Oklahoma
For any business queries please contact:
Darroll Hornbuckle
Tel: 313 588 0067, fax: 763 431 1559, e mail: darroll@datagroupone.com
We accept: