The American Society for Pharmacy Law (ASPL) is an organization of attorneys, pharmacists, pharmacist-attorneys and students of pharmacy or law who are interested in the law as it applies to pharmacy, pharmacists, wholesalers, manufacturers, state and federal government and other interested parties.

ASPL is a nonprofit organization with the purposes of

  • Furthering knowledge in the law related to pharmacists, pharmacies, the provision of pharmaceutical care, the manufacturing and distribution of drugs, and other food, drug, and medical device policy issues;
  • Communicating accurate legal educational information; and
  • Providing educational opportunities for pharmacists, attorneys, and others who are interested in pharmacy law

ASPL has become the premier source to engage with the entire spectrum of professionals at the intersection of pharmacy and legal matters. With my formal training, I approach our meetings with the assumption that I have grasped all of the components that contribute to the pharmacy profession. However, engaging with ASPL has placed context around the various, often overlooked, downstream and upstream factors that impact the law as it applies to pharmacy.
Monet Stanford, PharmD

Latest News

June 3, 2019

MARIJUANA PRODUCT LIABILITY

Are producers of medical marijuana protected by the learned intermediary doctrine?
In a blog posting on May 31, James Beck of Reed Smith LLP discussed whether, when the inevitable lawsuit against a producer or distributor of medical marijuana is filed, whether any appeal to the learned intermediary doctrine will be successful.

Among the considerations reviewed in the posting is the extent to which a given state has mandated specific warnings; Beck concludes that for most states, warnings are, at best, minimal. He also considered whether there is actually a physician-patient relationship in which the medical marijuana is actually “prescribed.” If the role of the physician intermediary is also minimal, such as merely certifying that the patient has a qualifying condition, then the learned intermediary rule is likely inapt.

His conclusion: “Based on what we’ve seen to date, we don’t think it is likely that the learned intermediary doctrine will apply to medical marijuana, at least as long as the only product warnings appear to be directed primarily to consumers rather than health care providers.” [Beck JM. Should the learned intermediary rule apply to prescription marijuana? Lexology 2019 May 31; http://bit.ly/2Ms4hxO]