Reference no: EM13867416

The federal government regulates all commerce not specifically granted to the states. This is called the dormant commerce clause. As such, this clause prohibits state regulations that discriminate against interstate commerce. Additionally, this clause prohibits state regulations that impose an undue burden on interstate commerce. The dormant commerce clause has been used in cases that deal with state regulation of pharmacy activities. Recently, there is an opposing view based on a line of cases that suggest that state regulation of Internet activities do not violate the dormant commerce clause. Many states contend that they must regulate the provision of prescription drugs via the Internet in order to ensure the safety and well-being of their citizens. In some instances, however, the states may be imposing such regulations at the behest of traditional pharmacies, which do not like online competition.

1. Discuss your stand on whether state regulation of Internet prescription drug transactions violates the dormant commerce clause of the Constitution.

2. Research and summarize the state law in your state on the regulation of prescription drugs via the Internet.

3. Discuss whether you agree with your state's position on regulating prescription drugs via the internet. Indicate whether you favor less state regulation, or more state regulation.