Will Prescription Drug Prices Ever Stop Rising? A Work Around to Avoiding the Dormant Commerce Clause in State Regulation of Drug Prices

Can individual states implement laws to lower prescription drug prices without violating the Dormant Commerce Clause? Every year, new prescription drugs are created to treat and cure diseases. Some prescription drugs are blockbuster drugs that are potentially life-changing, while others were created to be a temporary solution until a better drug is created. As these new drugs are created, more lives are saved, but at a cost. The cost of prescription drugs continues to rise every year. There are many reasons why prescription drugs cost so much, from the significant amount of time pharmaceutical companies spend on research and development to the lack of generic drugs available. Prescription drug prices will continue to increase unless someone intervenes. States in the past have tried to reduce drug prices by passing laws. Although admirable, many of these legal efforts have failed because of the Dormant Commerce Clause. This Comment evaluates whether the Dormant Commerce Clause poses a barrier to prescription drug price reduction. The Comment discusses (1) reasons for high drug prices, (2) the legal framework of the Dormant Commerce Clause, and (3) recommendations for legislation that avoids Dormant Commerce Clause violations. Ultimately, state laws may be one tool that can address drug prices without interfering with the Dormant Commerce Clause.