Superx Drugs Corp. v. State Board of Pharmacy

Whether one agrees with the construction of the so-called grandfather provision of CL 1948, § 338.481 (Stat Ann 1956 Rev § 14.771) contended for by Justice Dethmers or by Justice O’Hara, the statute, in my opinion, is unconstitutional.

I

I agree with Justice Dethmers that the sale of drugs and poisons can very directly affect public health, safety and general welfare. Any reasonable exercise of the police power in this field must be upheld but the test of rationality still applies to the method of regulation employed by the legislature.

I am not unmindful of the strictures of the United States…