The city of Washington, Missouri has made pseudoephedrine a prescription only drug, a move that Tony Rothert, legal director for the Eastern Missouri chapter of the ACLU, isn’t happy about. Rothert has requested that the City of Washington repeal the ordinance and says that he will the prescription-only decision to court, if they refuse to reverse their decision. The ACLU may be also be meeting political leaders from Jefferson county in court, as well, if Jefferson County Executive Chuck Banks goes through with plans to implement a similar ordinance in his county; the county that has held the record for having the most meth labs in the state of Missouri.
Rothert argues that the ordinance conflicts with state and federal law which makes it legal to buy cold and allergy products containing pseudoephedrine without a prescription. He worries that if the ordinance is allowed to remain in-force that it could open the door for any city or town to decide what should be a prescription drug and what shouldn’t.
Dean Linneman, section administrator for the Department of Health and Senior Services Health Standards and Licensure division, says the city’s ruling is in compliance with regulations about controlled substances. According to Linneman, as long as the ruling is stricter than Missouri State and Federal laws, the city can implement the prescription-only ruling for pseudoephedrine products.
Read the Washington Missouri pseudoephedrine ordinance below:
BILL NO: 09-10636
INTRODUCED BY: Midkiff
ORDINANCE NO: 09-10591
Passed: 07-06-09
AN ORDINANCE REGULATING THE SALE OF EPHEDRINE AND PSEUDOEPHEDRINE RELATED PRODUCTS WITHIN THE CITY LIMITS OF THE CITY OF WASHINGTON, FRANKLIN COUNTY MISSOURI.
BE IT ORDAINED by the Council of the City of Washington, Missouri, as follows:
SECTION 1: It shall be illegal to sell, deliver or distribute ephedrine, pseudoephedrine, their salts, their optical isomers or salts of their optical isomers, without a valid prescription written by a Missouri licensed physician and filled by a Missouri licensed pharmacist.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3: This ordinance shall take effect and be in full force from and after the date of its passage and approval.

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