When there is a conflict between federal and state law, which law should be followed?

In situations where a conflict arises between federal and state law, the guiding principle is that federal law typically takes precedence. This is established under the Supremacy Clause of the U.S. Constitution, which asserts that federal laws have authority over state laws when there is a conflict. Therefore, if a state law is more lenient than the corresponding federal law, the more stringent federal law must be followed.

In the context of pharmacy practice, this means that if a federal regulation exists that imposes stricter requirements than a state regulation, compliance with the federal regulation is mandatory. This ensures that the standards of safety, efficacy, and legality are upheld across all states, preventing scenarios where individuals or entities might exploit less stringent state laws.

Understanding this principle is crucial for pharmacy practice, as it ensures that the safety and well-being of patients are prioritized by adhering to the highest standards set at the federal level. Thus, when choosing between different legal guidelines, the more stringent law—usually the federal one in cases of conflict—must be followed to maintain compliance and ethical practice.