Pharmacy measure in ND Supreme Court's hands

Lawyer Blogs

Supporters of a voter initiative that could help bring cheaper prescription drugs to North Dakota are hoping a legal technicality won't keep them from getting the issue placed on the ballot.

At issue is a state law that requires most pharmacies to have a pharmacist as their majority owner. Those who want it repealed say the change will allow large retailers such as Wal-Mart Stores Inc. and Walgreen Co. to sell cheaper prescription drugs from their own store pharmacies. Opponents fear the measure could drive rural pharmacies out of business.

North Dakota is the only state in the nation with such a law, according to industry officials.

It's not certain whether the voter initiative will land on the ballot. Petitions in support of the measure were circulated without a list of the proposal's sponsors, an apparent violation of the requirements in the state constitution.

An attorney representing the supporters asked the state's Supreme Court on Wednesday to overlook what he called an honest mistake.

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