Re: Re: When does state law supersede federal law?

[Guest guest]

Thank you for this thorough and clear explanation!

M. Kim

Phone number removed for privacy and liability reasons

Re: When does state law supersede federal

law?

Dear m1nho,

I think by supreme you mean 'rule'.

Let me say this, the Federal law is be applied to all states.

However a state may make a state law that is more strict, what is known as

more stringent.

A state may not make a law that is less strict.

Allow me to illustrate with a non-pharmacy law:

Let us say that the Fed Law says no one in the US (in any state) can drive

faster than 100 miles per hour.

So All states apply that law, no problem.

But one state, lets say New York says no one in the state of New York may

dirve faster than 80 miles per hour.

And in addition, the state has posted speed limits some are 15 mph, some are

25mph, others are 35 mph and 55 mph and 75 mph and in certain areas 80 mph

All of which are less than 100 mph. So by the federal law if I visited NY

and drove 100 mph I would be breaking that state's law, but not the Federal

law. A state trouper could not arrest me aslong as I was going the posted

speed limit. But if I was going over 80mph any where in NY I could be

arrested by a state trouper even though the Fed law is 100 mph max.

BUT there is a Federal LAW that says that a state has the right to make a

Federal Law more stringent and that is the LAW that must APPLY.

So it is like when in Rome do as the Romans do. Follow the law of the land.

State law must comply, may be more strict/stringent than Federal Law, but my

not break the Federal Law.

So if a state, let's say Texas wanted to pass a law that the fastest one may