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P1509 A provision of the federal Combat Methamphetamine Epidemic Act that specifically permits retail pharmacies to ask applicants whether they had ever been convicted of a drug crime, and includes the phrase "notwithstanding State law," goes beyond removing criminal penalties, and instead expressly declares that formerly prohibited conduct is affirmatively permitted, so it should be applied retrospectively to pre-empt a state claim that had not yet gone to trial when the federal provision was enacted.CitationRANKIN v LONGS (Drug Conviction) 169 CA4 1246 [See: LabC 432.7, 432.8; 21 USC 801 etseq; People v Rossi 18 C3 295; Zipperer v County 133 CA4 1013, T/AT 12/05]
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