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Six Days on the Road
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"Six Days on the Road"
Single by Dave Dudley
from the album Songs About the Working Man
Released
May 1963 (U.S.)
Format
7"
Recorded
March 1963
Kay Bank Studios, Minneapolis, Minnesota
Genre
Country
Length
2:24
Label
Golden Wing 3020
Songwriter(s)
Earl Green and Carl Montgomery
Dave Dudley singles chronology
"Under the Cover of the Night"
(1962) "Six Days on the Road"
(1963) "Cowboy Boots"
(1963)
"Under the Cover of the Night"
(1962) "Six Days on the Road"
(1963) "Cowboy Boots"
(1963)
"Six Days on the Road" is an American song written by Earl Green and Muscle Shoals Sound Studio songwriter Carl Montgomery, made famous originally by country music singer Dave Dudley. First released in 1963, the song became a major hit that year and is often hailed as the definitive celebration of the American truck driver.[1][2]
In 1997, more than 30 years after Dudley's original version charted, country music band Sawyer Brown took the song into the Top 15 of the Billboard Hot Country Singles & Tracks chart.
Contents
[hide]
1 Dave Dudley version
1.1 Chart performance
2 Sawyer Brown version
2.1 Chart performance
2.2 Year-end charts
3 Other versions
4 "Six Tons of Toys"
5 References
6 Further reading
7 External links
Dave Dudley version[edit]
According to country music historian Bill Malone, "Six Days on the Road" was not the first truck driving song; Malone credits "Truck Driver's Blues" by Cliff Bruner, released in 1940, with that distinction. "Nor is it necessarily the best," said Malone, citing songs such as "Truck Drivin' Man" by Terry Fell and "White Line Fever" by Merle Haggard and the Strangers as songs that "would certainly rival it".[2]
However, "Six Days," Malone continued, "set off a vogue for such songs" that continued for many years. "The trucking songs coincided with country music's growing identification as working man's music in the 1960s," he said.[2] Many country music artists and bands—including Alabama, Dick Curless, Merle Haggard, Kathy Mattea, Ronnie Milsap, Jerry Reed, Del Reeves, Dan Seals, Red Simpson, Red Sovine, Joe Stampley, C.W. McCall, Steve Earle, among many others—recorded successful truck driving songs during the next 25 years. Several of those artists—Dudley included—became almost exclusively associated with songs about truck drivers and life on the road.
Dudley "strikingly captures the sense of boredom, danger and swaggering masculinity that often accompanies long-distance truck driving. His macho interpretation, with its rock-and-roll overtones, is perfect for the song."[2]
Allmusic writer Bill Dahl, called "Six Days" the "ultimate overworked rig driver's lament;"[1] indeed, the song's lyrics bemoan highway patrolmen, scale weigh-ins and loneliness for the narrator's girlfriend, and speak of using "little white pills" to keep him awake. Like Malone, Dahl also cited Dudley's voice as perfect for the song, as "his bottomless pipes were certainly the ultimate vehicle for its delivery, reeking of too much turbid coffee and too many non-filtered cigarettes."[1]
Dudley's version was also played during the STS-3 mission as a wake-up call.[citation needed]
Chart performance[edit]
Released in mid-May 1963, "Six Days on the Road" became Dudley's first major hit, reaching No. 2 on the Billboard Hot Country Singles chart that summer. The record spent 21 weeks on this chart, and it also became a minor hit on Top 40 radio stations, peaking at No. 32 on the Billboard Hot 100. It was also listed at number 13 on their easy listening survey.
Many truck-driving themed hits followed for Dudley, including "Last Day in the Mines," "Truck Drivin' Son-of-a-Gun" and "Truck Driver's Prayer."
Chart (1963)
Peak
position
US Hot Country Songs (Billboard)[3] 2
US Adult Contemporary (Billboard)[4] 13
US Billboard Hot 100[5] 32
Sawyer Brown version[edit]
"Six Days on the Road"
Single by Sawyer Brown
from the album Six Days on the Road
Released
1997
Genre
Country
Length
2:53
Label
Curb
Songwriter(s)
Earl Green and Carl Montgomery
Producer(s)
Mark Miller, Mac McAnally
Sawyer Brown singles chronology
"She's Gettin' There"
(1996) "Six Days on the Road"
(1997) "This Night Won't Last Forever"
(1997)
"She's Gettin' There"
(1996) "Six Days on the Road"
(1997) "This Night Won't Last Forever"
(1997)
Sawyer Brown included the song on their 1997 album Six Days on the Road. Their version peaked at No. 13 on the country charts that year. They changed the line "I'm taking little white pills" to "I'm passing little white lines", thus omitting the drug reference.
Chart performance[edit]
Chart (1997)
Peak
position
Canada Country Tracks (RPM)[6] 9
US Bubbling Under Hot 100 Singles (Billboard)[7] 17
US Hot Country Songs (Billboard)[8] 13
Year-end charts[edit]
Chart (1997)
Position
Canada Country Tracks (RPM)[9] 87
Other versions[edit]
Many other versions of "Six Days on the Road" have been recorded, with three of them also being chart hits for other artists. Johnny Rivers took his remake to No. 58 on the country charts and No. 105 on the Billboard Hot 100 in 1974. Steve Earle recorded the song for the 1987 movie Planes, Trains and Automobiles, and his version reached No. 29 on the Billboard Hot Country Singles chart in early 1988.
Others who have recorded "Six Days" include Charley Pride, Del Reeves, George Jones, Red Simpson, Nev Nicholls, Ferlin Husky, Boxcar Willie, Wolfman Jack, Motorpsycho, Red Sovine, Jim Croce, George Thorogood, the Flying Burrito Brothers, who are shown performing the song live in the movie, "Gimme Shelter", as well as Gram Parsons and the Fallen Angels, aka The Turkeys, blues guitarist Popa Chubby (for his 2008 album Vicious Country), New Riders of the Purple Sage and Tom Petty's band Mudcrutch. According to Dahl, one of the best versions was a blues-rocking rendition recorded in 1969 by Taj Mahal.[1] Even a French version was made by Claude François : Six jours sûr la route. The Youngbloods performed it during a 1971 concert in San Francisco.
David Allan Coe also recorded it and it appears on his 1994 compilation "20 Greatest Hits".
String Cheese Incident has done it at least three times, most notably, at the Electric Forest Festival in Rothbury, MI featuring Jason Carter, Rob McCoury and Ronnie McCoury of The Travelin' McCoury's and the Del McCoury Band.
"Six Tons of Toys"[edit]
Dudley recorded a re-written Christmas version entitled "Six Tons of Toys" on his 1982 album Trucker's Christmas.[10] This was covered by Paul Brandt on his 1997 album A Paul Brandt Christmas: Shall I Play for You?.
References[edit]
^ Jump up to: a b c d [1] Dahl, Bill, "Six Days on the Road" at Allmusic
^ Jump up to: a b c d Malone, Bill, "The Smithsonian Collection of Classic Country Music" ((booklet included with The Smithsonian Collection of Classic Country Music 8-volume set). Smithsonian Institution, 1981).
Jump up ^ "Dave Dudley – Chart history" Billboard Hot Country Songs for Dave Dudley.
Jump up ^ "Dave Dudley – Chart history" Billboard Adult Contemporary for Dave Dudley.
Jump up ^ "Dave Dudley – Chart history" Billboard Hot 100 for Dave Dudley.
Jump up ^ "Top RPM Country Tracks: Issue 3228." RPM. Library and Archives Canada. June 9, 1997. Retrieved July 17, 2013.
Jump up ^ "Sawyer Brown – Chart history" Billboard Bubbling Under Hot 100 for Sawyer Brown.
Jump up ^ "Sawyer Brown – Chart history" Billboard Hot Country Songs for Sawyer Brown.
Jump up ^ "RPM Top 100 Country Tracks of 1997". RPM. December 15, 1997. Retrieved July 17, 2013.
Jump up ^ "Trucker's Christmas". Allmusic. Retrieved 2008-12-08.
Further reading[edit]
Whitburn, Joel, "Top Country Songs: 1944-2005," 2006.
External links[edit]
Lyrics of this song at MetroLyrics
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In the United States, anti-miscegenation laws (also known as miscegenation laws) were state laws passed by individual states to prohibit miscegenation, nowadays more commonly referred to as interracial marriage and interracial sex.
Anti-miscegenation laws were a part of American law in some States since before the United States was established and remained so until ruled unconstitutional in 1967 by the U.S. Supreme Court in Loving v. Virginia. The term miscegenation was first used in 1863, during the American Civil War, by American journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery.[1] In those of the original Thirteen Colonies that became states and enacted such laws, they were enacted as state law in the early 18th century; a century or more after the complete racialization of slavery.[2]
Typically defining miscegenation as a felony, these laws prohibited the solemnization of weddings between persons of different races and prohibited the officiating of such ceremonies. Sometimes, the individuals attempting to marry would not be held guilty of miscegenation itself, but felony charges of adultery or fornication would be brought against them instead. All anti-miscegenation laws banned the marriage of whites and non-white groups, primarily blacks, but often also Native Americans and Asians.[3]
In many states, anti-miscegenation laws also criminalized cohabitation and sex between whites and non-whites. In addition, the state of Oklahoma in 1908 banned marriage "between a person of African descent" and "any person not of African descent"; Louisiana in 1920 banned marriage between Native Americans and African Americans (and from 1920–1942, concubinage as well); and Maryland in 1935 banned marriages between blacks and Filipinos.[4] While anti-miscegenation laws are often regarded as a Southern phenomenon, most western and plains states also enacted them.
Although anti-miscegenation amendments were proposed in United States Congress in 1871, 1912–1913 and 1928,[5][6] a nationwide law against racially mixed marriages was never enacted. Prior to the California Supreme Court's ruling in Perez v. Sharp (1948), no court in the United States had ever struck down a ban on interracial marriage. In 1967, the United States Supreme Court unanimously ruled in Loving v. Virginia that anti-miscegenation laws are unconstitutional.
Contents
[hide]
1 Colonial Era
2 After American independence
3 Anti-miscegenation laws and the U.S. Constitution
4 The repeal of anti-miscegenation laws, 1948–1967
5 Loving v. Virginia
6 Later events
7 Summary
7.1 Laws repealed before 1887
7.2 Laws repealed 1948–1967
7.3 Laws overturned on 12 June 1967 by Loving v. Virginia
7.4 Proposed Anti-Miscegenation Amendments to the U.S. Constitution
8 Footnotes
9 Additional sources
10 Further reading
11 External links
Colonial Era[edit]
The first laws criminalizing marriage and sex between whites and blacks were enacted in the colonial era in the English colonies of Virginia and Maryland, which depended economically on unpaid labor such as slavery.
At first, in the 1660s, the first laws in Virginia and Maryland regulating marriage between whites and blacks only pertained to the marriages of whites with black (and mulatto) slaves and indentured servants. In 1664, Maryland enacted a law which criminalized such marriages—the 1681 marriage of Irish-born Nell Butler to an African slave was an early example of the application of this law. Virginia (1691) was the first English colony in North America to pass a law forbidding free blacks and whites to intermarry, followed by Maryland in 1692. This was the first time in American history that a law was invented that restricted access to marriage partners solely on the basis of "race", not class or condition of servitude.[7] Later these laws also spread to colonies in the Thirteen Colonies with fewer slaves and free blacks, such as Pennsylvania and Massachusetts. Moreover, after the independence of the United States had been established, similar laws were enacted in territories and states which outlawed slavery.
A sizable number of the early indentured servants in the British American colonies were brought over from the Indian subcontinent by the British East India Company.[8] Anti-miscegenation laws discouraging interracial marriage between white Americans and non-whites affected South Asian immigrants as early as the 17th century.[citation needed] For example, a Eurasian daughter born to an Indian father and Irish mother in Maryland in 1680 was classified as a "mulatto" and sold into slavery.[8] Anti-miscegenation laws there continued into the early 20th century. For example, the Bengali revolutionary Tarak Nath Das's white American wife, Mary K. Das, was stripped of her American citizenship for her marriage to an "alien ineligible for citizenship."[8] In 1918, there was considerable controversy in Arizona when an Indian farmer B. K. Singh married the sixteen-year-old daughter of one of his white tenants.[9]
In 1685, the French government issued a special Code Noir restricted to Louisiana, which banned the marriage of Catholics and non-Catholics in that colony.[10] However, interracial cohabitation and interracial sex were never prohibited in French Louisiana (see plaçage). The situation of the children (free or slave) followed the situation of the mother.[11] Under Spanish rule, interracial marriage was possible with parental consent under the age of 25 and without it when the partners were older. In 1806, three years after the U.S. gained control over the state, interracial marriage was once again banned.[12]
It has been argued[by whom?] that the first laws banning all marriage between whites and blacks, enacted in Virginia and Maryland, were a response by the planter elite to the problems they were facing due to the socio-economic dynamics of the plantation system in the Southern colonies. The bans in Virginia and Maryland were established at a time when slavery was not yet fully institutionalized. At the time, most forced laborers on the plantations were indentured servants, and they were mostly European. Some historians have suggested that the at-the-time unprecedented laws banning "interracial" marriage were originally invented by planters as a divide-and-rule tactic after the uprising of European and African indentured servants in cases such as Bacon's Rebellion. According to this theory, the ban on interracial marriage was issued to split up the ethnically mixed, increasingly "mixed-race" labor force into "whites," who were given their freedom, and "blacks," who were later treated as slaves rather than as indentured servants. By outlawing "interracial" marriage, it became possible to keep these two new groups separated and prevent a new rebellion.
After American independence[edit]
In 1776, seven out of the Thirteen Colonies that declared their independence enforced laws against interracial marriage. Although slavery was gradually abolished in the North after independence, this at first had little impact on the enforcement of anti-miscegenation laws. An exception was Pennsylvania, which repealed its anti-miscegenation law in 1780, together with some of the other restrictions placed on free blacks, when it enacted a bill for the gradual abolition of slavery in the state.
For the radical abolitionists who organized to oppose slavery in the 1830s, laws banning interracial marriage embodied the same racial prejudice that they saw at the root of slavery. Abolitionist leader William Lloyd Garrison took aim at Massachusetts' legal ban on interracial marriage as early as 1831. Anti-abolitionists defended the measure as necessary to prevent racial amalgamation and to maintain the Bay State's proper racial and moral order. Abolitionists, however, objected that the law, because it "distinguished between 'citizens on account of complexion,'" violated the broad egalitarian tenets of Christianity and republicanism as well as the state constitution's promise of equality. Beginning in the late 1830s, abolitionists began a several-year petition campaign that prompted the legislature to repeal the measure in 1843. Their efforts—both tactically and intellectually—constituted a foundational moment in the era's burgeoning minority-rights politics, which would continue to expand into the twentieth century.[13]
As the US expanded, however, all the new slave states as well as many new free states such as Illinois[14] and California[15] enacted such laws.
Arkansas, Florida, Louisiana, Mississippi, Texas, South Carolina and Alabama legalized interracial marriage for some years during the Reconstruction period. Anti-miscegenation laws rested unenforced, were overturned by courts or repealed by the state government (in Arkansas[16] and Louisiana[17]). However, after white Democrats took power in the South during "Redemption", anti-miscegenation laws were re-enacted and once more enforced, and in addition Jim Crow laws were enacted in the South which also enforced other forms of racial segregation.[18] In Florida, the new Constitution of 1888 prohibited marriage between "a white person and a person of negro descent" (Article XVI, Section 24).
A number of northern and western states permanently repealed their anti-miscegenation laws during the 19th century. This, however, did little to halt anti-miscegenation sentiments in the rest of the country. Newly established western states continued to enact laws banning interracial marriage in the late 19th and early 20th centuries. Between 1913 and 1948, 30 out of the then 48 states enforced anti-miscegenation laws.[19] Only Connecticut, New Hampshire, New York, New Jersey, Vermont, Wisconsin, Minnesota, Alaska, Hawaii, and the District of Columbia never enacted them.
Anti-miscegenation laws and the U.S. Constitution[edit]
At least three proposed constitutional amendments intended to bar interracial marriage in the United States were introduced in Congress.[20]
In 1871, Representative Andrew King (Democrat of Missouri) was the first politician in Congress to propose a constitutional amendment to make interracial marriage illegal nationwide. King proposed this amendment because he predicted (correctly, as the case of Loving v. Virginia later demonstrated) that the Fourteenth Amendment, ratified in 1868 to give equal civil rights to the emancipated ex-slaves (the Freedmen) as part of the process of Reconstruction, would render laws against interracial marriage unconstitutional.
In December 1912 and January 1913, Representative Seaborn Roddenbery (Democrat of Georgia) again introduced a proposal in the United States House of Representatives to insert a prohibition of miscegenation into the US Constitution and thus create a nationwide ban on interracial marriage. According to the wording of the proposed amendment, "Intermarriage between negros or persons of color and Caucasians... within the United States... is forever prohibited." Roddenbery's proposal was more severe because it defined the racial boundary between whites and "persons of color" by applying the one-drop rule. In his proposed amendment, anyone with "any trace of African or Negro blood" was banned from marrying a white spouse.
Roddenbery's proposed amendment was also a direct reaction to African American heavyweight champion Jack Johnson's marriages to white women, first to Etta Duryea and then to Lucille Cameron. In 1908, Johnson had become the first black boxing world champion, having beaten Tommy Burns. After his victory, the search was on for a white boxer, a "Great White Hope", to beat Johnson. Those hopes were dashed in 1910, when Johnson beat former world champion Jim Jeffries. This victory ignited race riots all over America as frustrated whites attacked celebrating African Americans.[21] Johnson's marriages to and affairs with white women further infuriated white Americans. In his speech introducing his bill before the United States Congress, Roddenbery compared the marriage of Johnson and Cameron to the enslavement of white women, and warned of future civil war that would ensue if interracial marriage was not made illegal nationwide:
No brutality, no infamy, no degradation in all the years of southern slavery, possessed such villainious character and such atrocious qualities as the provision of the laws of Illinois, Massachusetts, and other states which allow the marriage of the negro, Jack Johnson, to a woman of Caucasian strain. [applause]. Gentleman, I offer this resolution ... that the States of the Union may have an opportunity to ratifty it. ...
Intermarriage between whites and blacks is repulsive and averse to every sentiment of pure American spirit. It is abhorrent and repugnant to the very principles of Saxon government. It is subversive of social peace. It is destructive of moral supremacy, and ultimately this slavery of white women to black beasts will bring this nation a conflict as fatal as ever reddened the soil of Virginia or crimsoned the mountain paths of Pennsylvania.
... Let us uproot and exterminate now this debasing, ultra-demoralizing, un-American and inhuman leprosy
—  Congressional Record, 62d. Congr., 3d. Sess., December 11, 1912, pp. 502–503
Spurred on by Roddenbery's introduction of the anti-miscegenation amendment, politicians in many of the 19 states lacking anti-miscegenation laws proposed their enactment. However, Wyoming in 1913 was the only state lacking such a law that enacted one.[citation needed] Also in 1913, the Commonwealth of Massachusetts, which had abolished its anti-miscegenation law in 1843, enacted a measure (not repealed until 2008[22]) that prevented couples who could not marry in their home state from marrying in Massachusetts.[23]
In 1928, Senator Coleman Blease (Democrat of South Carolina) proposed an amendment that went beyond the previous ones, requiring that Congress set a punishment for interracial couples attempting to get married and for people officiating an interracial marriage. This amendment was also never enacted.
The constitutionality of anti-miscegenation laws was upheld by the U.S. Supreme Court in the 1883 case Pace v. Alabama (106 U.S. 583). The Supreme Court ruled that the Alabama anti-miscegenation statute did not violate the Fourteenth Amendment to the United States Constitution. According to the court, both races were treated equally, because whites and blacks were punished in equal measure for breaking the law against interracial marriage and interracial sex. This judgment was overturned in 1967 in the Loving v. Virginia case, where the Supreme Court declared anti-miscegenation laws a violation of the Fourteenth Amendment and therefore unconstitutional.
The repeal of anti-miscegenation laws, 1948–1967[edit]
The constitutionality of anti-miscegenation laws only began to be widely called into question after World War II. In 1948, the California Supreme Court in Perez v. Sharp ruled that the Californian anti-miscegenation statute violated the Fourteenth Amendment to the United States Constitution and was therefore unconstitutional. This was the first time since Reconstruction that a state court declared an anti-miscegenation law unconstitutional, and California was the first state since Ohio in 1887 to repeal its anti-miscegenation law.
As a result, during the 1950s, anti-miscegenation laws were repealed or overturned in state after state, except in the South. Nonetheless, in the 1950s, the repeal of anti-miscegenation laws was still a controversial issue in the U.S., even among supporters of racial integration.
In 1958, the political theorist Hannah Arendt, a Jewish refugee from Nazi Germany,[24] who escaped from Europe during the Holocaust, wrote in an essay in response to the Little Rock Crisis, the Civil Rights struggle for the racial integration of public schools which took place in Little Rock, Arkansas in 1957, that anti-miscegenation laws were an even deeper injustice than the racial segregation of public schools. The free choice of a spouse, she argued in Reflections on Little Rock, was "an elementary human right": "Even political rights, like the right to vote, and nearly all other rights enumerated in the Constitution, are secondary to the inalienable human rights to 'life, liberty and the pursuit of happiness' proclaimed in the Declaration of Independence; and to this category the right to home and marriage unquestionably belongs." Arendt was severely criticized by fellow liberals, who feared that her essay would arouse the racist fears common among whites and thus hinder the struggle of African Americans for civil rights and racial integration. Commenting on the Supreme Court's ruling in Brown v. Board of Education of Topeka against de jure racial segregation in education, Arendt argued that anti-miscegenation laws were more basic to racial segregation than racial segregation in education.
Arendt's analysis of the centrality of laws against interracial marriage to white supremacy echoed the conclusions of Gunnar Myrdal. In his essay Social Trends in America and Strategic Approaches to the Negro Problem (1948), Myrdal ranked the social areas where restrictions were imposed by Southern whites on the freedom of African-Americans through racial segregation from the least to the most important: jobs, courts and police, politics, basic public facilities, "social equality" including dancing and handshaking, and most importantly, marriage. This ranking was indeed reflective of the way in which the barriers against desegregation fell under the pressure of the protests of the emerging Civil Rights Movement. First, legal segregation in the army, in education and in basic public services fell, then restrictions on the voting rights of African-Americans were lifted. These victories were ensured by the Civil Rights Act of 1964. But the bans on interracial marriage were the last to go, in 1967.
Most white Americans in the 1950s were opposed to interracial marriage and did not see laws banning interracial marriage as an affront to the principles of American democracy. A 1958 Gallup poll showed that 94 percent of white Americans disapproved of interracial marriage.[25] However, attitudes towards bans on interracial marriage quickly changed in the 1960s.
By the 1960s, civil rights organizations were helping interracial couples who were being penalized for their relationships to take their cases to the Supreme Court. Since Pace v. Alabama, the court had declined to make a judgment in such cases. But in 1964, the Warren Court decided to issue a ruling in the case of an interracial couple from Florida who had been convicted because they had cohabited. In McLaughlin v. Florida, the Supreme Court ruled that the Florida state law which prohibited cohabitation between whites and non-whites was unconstitutional and based solely on a policy of racial discrimination. However, the court did not rule on Florida's ban on marriage between whites and non-whites, despite the appeal of the plaintiffs to do so and the argument made by the state of Florida that its ban on cohabitation between whites and blacks was ancillary to its ban on marriage between whites and blacks. However, in 1967, the court did decide to rule on the remaining anti-miscegenation laws when it was presented with the case of Loving v. Virginia.
Loving v. Virginia[edit]
Main article: Loving v. Virginia
All bans on interracial marriage were lifted only after an interracial couple from Virginia, Richard and Mildred Loving, began a legal battle in 1963 for the repeal of the anti-miscegenation law which prevented them from living as a couple in their home state of Virginia. The Lovings were supported by the NAACP Legal Defense Fund, the Japanese American Citizens League and a coalition of Catholic bishops.
In 1958, Richard and Mildred Loving had married in Washington, D.C. to evade Virginia's anti-miscegenation law (the Racial Integrity Act). Having returned to Virginia, they were arrested in their bedroom for living together as an interracial couple. The judge suspended their sentence on the condition that the Lovings leave Virginia and not return for 25 years. In 1963, the Lovings, who had moved to Washington, D.C, decided to appeal this judgment. In 1965, Virginia trial court Judge Leon Bazile, who heard their original case, refused to reconsider his decision. Instead, he defended racial segregation, writing:
"Almighty God created the races white, black, yellow, Malay, and red, and placed them on separate continents, and but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend the races to mix."[26]
The Lovings then took their case to the Supreme Court of Virginia, which invalidated the original sentence but upheld the state's Racial Integrity Act. Finally, the Lovings turned to the U.S Supreme Court. The court, which had previously avoided taking miscegenation cases, agreed to hear an appeal. In 1967, 84 years after Pace v. Alabama in 1883, the Supreme Court ruled unanimously in Loving v. Virginia that:
"Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not to marry, a person of another race resides with the individual and cannot be infringed by the State."
The Supreme Court condemned Virginia's anti-miscegenation law as "designed to maintain White supremacy".
Later events[edit]
In 1967, 17 Southern states (all the former slave states plus Oklahoma) still enforced laws prohibiting marriage between whites and non-whites. Maryland repealed its law in response to the start of the proceedings at the Supreme Court. After the ruling of the Supreme Court, the remaining laws were no longer enforceable. Nonetheless, it took South Carolina until 1998 and Alabama until 2000 to amend their states' constitutions to remove language prohibiting miscegenation. In the respective referendums, 62% of voters in South Carolina and 59% of voters in Alabama voted to make the amendments. In Alabama nearly 526,000 people voted against the amendment, including a majority of voters in some rural counties.[27][28][29]
In 2009, Keith Bardwell, a justice of the peace in Robert, Louisiana, refused to officiate a civil wedding for an interracial couple. A nearby justice of the peace, on Bardwell's referral, officiated the wedding; the interracial couple sued Keith Bardwell and his wife Beth Bardwell in federal court.[30] After facing wide criticism for his actions, including from Louisiana Governor Bobby Jindal, Bardwell resigned on November 3, 2009.[31]
Summary[edit]
U.S. States, by the date of repeal of anti-miscegenation laws:
No laws passed
Repealed before 1887
Repealed from 1948 to 1967
Overturned on 12 June 1967 by Loving v. Virginia[32]
Laws repealed before 1887[edit]
State
First law passed
Law repealed
Races whites were banned from marrying
Note
Illinois 1829 1874 Blacks
Iowa 1839 1851 Blacks
Kansas 1855 1859 Blacks Law repealed before reaching statehood
Maine 1821 1883 Blacks, Native Americans
Massachusetts 1705 1843 Blacks, Native Americans Passed the 1913 law preventing out-of-state couples from circumventing their home-state anti-miscegenation laws, which itself was repealed on July 31, 2008
Michigan 1838 1883 Blacks
New Mexico 1857 1866 Blacks Law repealed before reaching statehood
Ohio 1861 1887 Blacks Last state to repeal its anti-miscegenation law before California did so in 1948
Pennsylvania 1725 1780 Blacks
Rhode Island 1798 1881 Blacks, Native Americans
Washington 1855 1868 Blacks, Native Americans Law repealed before reaching statehood
Wyoming 1869 1882 Blacks, Asians, Filipinos Law repealed before reaching statehood, re-enacted after statehood, in 1913[33]
Laws repealed 1948–1967[edit]
State
First law passed
Law repealed
Races whites were banned from marrying
Note
Arizona 1865 1962 All non-Whites ("Filipinos") and Indians ("Hindus") added to list of "races" in 1931. As interpreted by the Supreme Court of Arizona in State v. Pass, 59 Ariz. 16, 121 P.2d 882 (1942), the law prohibited persons of mixed racial heritage from marrying anyone.
California 1850 1948 Blacks, Asians, Filipinos Until Roldan v. Los Angeles County, it was unclear whether the law applied to Filipinos.[34] Anti-miscegenation law overturned by state judiciary in Supreme Court of California case Perez v. Sharp. Most Hispanics were included in White category.
Colorado 1864 1957 Blacks
Idaho 1864 1959 Blacks, Native Americans, Asians
Indiana 1818 1965 Blacks
Maryland 1692 1967 Blacks, Filipinos Repealed its law in response to the start of the Loving v. Virginia case, and was the last state to repeal its law before the Supreme Court made all such laws unenforceable. Maryland also was one of the states to ban marriages between some peoples of color, preventing black–Filipino marriages in addition to Filipino–white and black–white marriages.
Montana 1909 1953 Blacks, Asians
Nebraska 1855 1963 Blacks, Asians
Nevada 1861 1959 Blacks, Native Americans, Asians, Filipinos
North Dakota 1909 1955 Blacks
Oregon 1862 1951 Blacks, Native Americans, Asians, Native Hawaiians
South Dakota 1909 1957 Blacks, Asians, Filipinos
Utah 1852 1963 Blacks, Asians, Filipinos Initially enacted via the Act in Relation to Service
Wyoming 1913 1965 Blacks, Asians, Filipinos
Laws overturned on 12 June 1967 by Loving v. Virginia[edit]
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State
First law passed
Races whites were banned from marrying
Note
Alabama 1822 Blacks Repealed during Reconstruction, law later reinstated
Arkansas 1838 Blacks Repealed during Reconstruction, law later reinstated
Delaware 1721 Blacks
Florida 1832 Blacks Repealed during Reconstruction, law later reinstated (note law reinstated banning just blacks)
Georgia 1750 All non-whites
Kentucky 1792 Blacks
Louisiana 1724 Blacks Repealed during Reconstruction, law later reinstated
Mississippi 1822 Blacks Repealed during Reconstruction under the 1868 constitution, law later reinstated by the 1890 constitution.
Missouri 1835 Blacks, Asians
North Carolina 1715 Blacks, Native Americans Starting in 1887, North Carolina also prevented marriages between Blacks and "Croatan Indians", but all other marriages between people of color were not covered by legislation
Oklahoma 1897 Blacks Oklahoma's law was unique in its phrasing, preventing marriages of "any person of African descent ... to any person not of African descent." This statute was invoked occasionally to void marriages between blacks and Native Americans.[35]
South Carolina 1717 All non-whites Repealed during Reconstruction, law later reinstated
Tennessee 1741[citation needed] Blacks, Native Americans
Texas 1837 All non-whites
Virginia 1691 All non-whites Previous anti-miscegenation law made more severe by Racial Integrity Act of 1924
West Virginia 1863 Blacks
Proposed Anti-Miscegenation Amendments to the U.S. Constitution[edit]
At least three proposed Constitutional amendments to bar interracial marriage have been introduced before the U.S. Congress.[36]
In 1871, Representative Andrew King, a Democrat of Missouri, was the first politician to propose banning interracial marriage nation-wide. King proposed this amendment because he feared that the Fourteenth Amendment, ratified in 1868 to give ex-slaves citizenship (the Freedmen) as part of the process of Reconstruction, would someday render laws against interracial marriage "unconstitutional". He was correct, as the case of Loving v. Virginia in 1967 demonstrated.
In December 1912 and January 1913, Representative Seaborn Roddenbery, a Democrat of Georgia, again introduced a proposal in the House of Representatives to insert a prohibition of miscegenation into the US Constitution. According to the wording of the proposed amendment, "Intermarriage between Negroes or persons of color and Caucasians... within the United States... is forever prohibited." Roddenbery's proposal was more severe because it defined the racial boundary between whites and "persons of color" by applying the one-drop rule. In his proposed amendment, anyone with "any trace of African or Negro blood" was banned from marrying a white spouse.
Roddenbery's proposed amendment was a direct reaction to black boxer Jack Johnson's marriages to white women, first to Etta Duryea and then to Lucille Cameron. In 1908, Johnson had become the first black boxing world champion, having beaten Tommy Burns. Johnson's marriages to and affairs with white women infuriated white Americans. In his speech introducing his bill before the United States Congress, Roddenbery compared the marriage of Johnson and Cameron to the enslavement of white women, and warned of future civil war that would ensue if interracial marriage was not made illegal nationwide:
"No brutality, no infamy, no degradation in all the years of southern slavery, possessed such villainous character and such atrocious qualities as the provision of the laws of Illinois, Massachusetts, and other states which allow the marriage of the Negro, Jack Johnson, to a woman of Caucasian strain. [Applause]. Gentleman, I offer this resolution ... that the States of the Union may have an opportunity to ratify it. ... Intermarriage between whites and blacks is repulsive and averse to every sentiment of pure American spirit. It is abhorrent and repugnant to the very principles of Saxon government. It is subversive of social peace. It is destructive of moral supremacy, and ultimately this slavery of white women to black beasts will bring this nation a conflict as fatal as ever reddened the soil of Virginia or crimsoned the mountain paths of Pennsylvania. ... Let us uproot and exterminate now this debasing, ultra-demoralizing, un-American and inhuman leprosy"
Congressional Record, 62d. Congr., 3d. Sess., December 11, 1912, pp. 502–503.
Roddenbery's proposal of the anti-miscegenation amendment unleashed a wave of racialist support for the move: 19 states that lacked such laws proposed their enactment. However, Wyoming in 1913 was the only state lacking such a law that enacted one.[citation needed] Also in 1913, the Commonwealth of Massachusetts, which had abolished its anti-miscegenation law in 1843, enacted a measure (not repealed until 2008[37]) that prevented couples who could not marry in their home state from marrying in Massachusetts.[23]
In 1928, Senator Coleman Blease, a Democrat of South Carolina, proposed an amendment that went beyond the previous ones, requiring that Congress set a punishment for interracial couples attempting to get married and for people officiating an interracial marriage. This amendment was also never enacted.[38]
Footnotes[edit]
Jump up ^ Fredrickson, George M. (1987), The Black Image in the White Mind, Wesleyan University Press, p. 172, ISBN 0-8195-6188-6
Jump up ^ Woodson, Carter G. (1918), "The Beginnings of the Miscegenation of the Whites and Blacks", The Journal of Negro History, 3 (4): 335–353, doi:10.2307/2713814, JSTOR 2713814
Jump up ^ "Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910-1950". SSRN 283998  . Missing or empty |url= (help)
Jump up ^ Martin, Byron Curti, Racism in the United States: A History of the Anti-Miscegenation Legislation and Litigation, pp. 1026, 1033–4, 1062–3, 1136–7 (See version of article in the USC Digital collection) }
Jump up ^ Courtroom History, Loving Day, archived from the original on 31 December 2007, retrieved 2008-01-02
Jump up ^ Edward Stein (2004), Past and Present Proposed Amendments to the United States Constitution regarding marriage (pdf), 82 (3), Washing State University Law Quarterly, retrieved 2008-01-04 , archived from the original Archived March 7, 2008, at the Wayback Machine. on 2006-08-12.
Jump up ^ Frank W Sweet (January 1, 2005), The Invention of the Color Line: 1691—Essays on the Color Line and the One-Drop Rule, Backentyme Essays, archived from the original on 2007-04-09, retrieved 2008-01-04
^ Jump up to: a b c Francis C. Assisi (2005), Indian-American Scholar Susan Koshy Probes Interracial Sex, INDOlink, archived from the original on 30 January 2009, retrieved 2009-01-02
Jump up ^ Echoes of Freedom: South Asian Pioneers in California, 1899-1965 - Chapter 9: Home Life, The Library, University of California, Berkeley, archived from the original on 18 February 2009, retrieved 2009-01-08
Jump up ^ Interracial Marriage and Cohabitation Laws, Redbone Heritage Foundation, retrieved 2008-01-04
Jump up ^ {fr} A. Mérignhac, Précis de législation & d'économie coloniales, librairie de la société du recueil Sirey, Paris 1912, p. 45
Jump up ^ Kimberly S. Hanger, Bounded Lives, Bounded Places: Free Black Society in Colonial New Orleans,1769-1803. Durham N.C., and London: Duke University Press, 1997.
Jump up ^ Kyle G. Volk, Moral Minorities and the Making of American Democracy (Oxford University Press, 2014), 104-116.
Jump up ^ Steiner, Mark. “The Lawyer as Peacemaker: Law and Community in Abraham Lincoln’s Slander Cases” Archived September 19, 2011, at the Wayback Machine.. The History Cooperative
Jump up ^ enacted similar anti-miscegenation laws.“Chinese Laborers in the West” Smithsonian Asian Pacific American Program
Jump up ^ Robinson II, Charles F., University of Arkansas, Fayetteville. The Encyclopedia of Arkansas History & Culture. (accessed January 4, 2007).
Jump up ^ Miscegenation and competing definitions of race in twentieth-century Louisiana.
Jump up ^ Wallenstein, Peter, Tell the Court I love my wife
Jump up ^ Where were interracial couples illegal?, Loving Day, archived from the original on 31 December 2007, retrieved 2008-01-04
Jump up ^ John R. Vile (2003), Encyclopedia of constitutional amendments, proposed amendments, and amending issues, 1789-2002 (second ed.), ABC-CLIO, p. 243, ISBN 978-1-85109-428-8
Jump up ^ Rust and Rust, 1985, p. 147
Jump up ^ "Governor signs law allowing out-of-state gays to wed". The Boston Globe. 2008-07-31. Retrieved 2009-09-11.
^ Jump up to: a b "Big marriage rulings are coming in the next month". Gay People's Chronicle. 2006-02-17. Retrieved 2009-09-11.
Jump up ^ John McGowan (15 December 1997). Hannah Arendt: An Introduction. University of Minnesota Press. ISBN 9781452903385.
Jump up ^ Gallup, Inc. "In U.S., 87% Approve of Black-White Marriage, vs. 4% in 1958". Gallup.com. Retrieved 1 May 2016.
Jump up ^ Tucker, Neely (June 13, 2006). “Loving Day Recalls a Time When the Union of a Man And a Woman Was Banned”. Washington Post.
Jump up ^ Alabama removes ban on interracial marriage, USA Today, November 7, 2000, archived from the original on September 14, 2002, retrieved 2008-01-04
Jump up ^ Suzy Hansen. "Mixing it up". Salon. Retrieved 1 May 2016.
Jump up ^ https://web.archive.org/web/20141016171345/http://blogs.kqed.org/lowdown/2013/03/24/less-than-50-years-ago-the-supreme-court-put-an-end-to-race-based-marriage-bans/. Archived from the original on October 16, 2014. Retrieved August 14, 2014. Missing or empty |title= (help)
Jump up ^ Eileen Sullivan and the Associated Press, "Man's halt of interracial marriage sparks outrage" in New York Times, October 16, 2009; Humphrey v. Bardwell on Justia.
Jump up ^ "La. justice quits after interracial flap - US news - Life - Race & ethnicity - msnbc.com". msnbc.msn.com. November 3, 2009. Retrieved 2011-04-18.
Jump up ^ Arkansas, Florida, Louisiana, Mississippi, Texas, South Carolina and Alabama repealed their laws during the Reconstruction period, but the laws were later reinstated and remained in force until 1967.
Jump up ^ Bern Haggerty, Profile, WILLIAM JEFFERSON HARDIN: TWO STORIES ABOUT WYOMING'S FIRST BLACK LEGISLATOR, Wyoming Lawyer (February, 2000) (citing 1882 Wyo. Terr. Sess. Laws ch. 54)
Jump up ^ Min, Pyong-Gap (2006), Asian Americans: contemporary trneds and issues, Pine Forge Press, p. 189, ISBN 978-1-4129-0556-5
Jump up ^ See for example Stevens v. United States, 146 F.2d 120 (1944)
Jump up ^ John R. Vile (2003), Encyclopedia of constitutional amendments, proposed amendments, and amending issues, 1789-2002 (second ed.), ABC-CLIO, p. 243, ISBN 9781851094288
Jump up ^ "Governor signs law allowing out-of-state gays to wed". The Boston Globe. 2008-07-31. Retrieved 2009-09-11.
Jump up ^ Anti-Miscagenation laws, Reference.com
Additional sources[edit]
"Jack Johnson and White Women: The National Impact", Al-Tony Gilmore, Journal of Negro History (Vol. 58, No. 1, 18-38, Jan., 1973).
Further reading[edit]
Pascoe, Peggy. What Comes Naturally: Miscegenation Law and the Making of Race in America. Oxford University Press, 2009.
Spiro, Jonathan P. (2009), Defending the Master Race: Conservation, Eugenics, and the Legacy of Madison Grant, Univ. of Vermont Press, ISBN 978-1-58465-715-6, lay summary (29 September 2010)
Tucker, William H. (2007), The funding of scientific racism: Wickliffe Draper and the Pioneer Fund, University of Illinois Press, ISBN 978-0-252-07463-9, lay summary (4 September 2010)
Strandjord, Corinne. Filipino Resistance to Anti-Miscegenation Laws in Washington State Great Depression in Washington State Project, 2009.
Johnson, Stefanie. Blocking Racial Intermarriage Laws in 1935 and 1937: Seattle's First Civil Rights Coalition Seattle Civil Rights and Labor History Project, 2005.
External links[edit]
Loving v. Virginia (No. 395) Cornell Law School Legal Information Institute
Loving at Thirty by Harvard Law School Professor Randall Kennedy at SpeakOut.com
Loving Day: Celebrate the Legalization of Interracial Couples
"The Socio-Political Context of the Integration of Sport in America", R. Reese, Cal Poly Pomona, Journal of African American Men (Volume 4, Number 3, Spring, 1999)
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Over-the-counter drug
From Wikipedia, the free encyclopedia
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"Over-the-counter" redirects here. For the securities trading method, see Over-the-counter (finance).
The examples and perspective in this article deal primarily with Western culture and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (January 2013) (Learn how and when to remove this template message)
OTC medication with child-resistant packaging (cap) and tamper-resistant carton and innerseal
Over-the-counter (OTC) drugs are medicines sold directly to a consumer without a prescription from a healthcare professional, as opposed to prescription drugs, which may only be sold to consumers possessing a valid prescription. In many countries, OTC drugs are selected by a regulatory agency to ensure that they are ingredients that are safe and effective when used without a physician's care. OTC drugs are usually regulated by active pharmaceutical ingredients (APIs), not final products. By regulating APIs instead of specific drug formulations, governments allow manufacturers freedom to formulate ingredients, or combinations of ingredients, into proprietary mixtures.[1]
The term over-the-counter may be somewhat counterintuitive, since, in many countries, these drugs are often placed on shelves in self-service areas of stores, like any other packaged products. In contrast, prescription drugs are almost always passed over a counter from the pharmacist to the customer. Some drugs may be legally classified as over-the-counter (i.e. no prescription is required), but may only be dispensed by a pharmacist after an assessment of the patient's needs or the provision of patient education. In many countries, a number of OTC drugs are available in establishments without a pharmacy, such as general stores, supermarkets, and gas stations. Regulations detailing the establishments where drugs may be sold, who is authorized to dispense them, and whether a prescription is required vary considerably from country to country.
Contents
[hide]
1 Usage
2 Regulation by country
2.1 Canada
2.2 Netherlands
2.3 United States
2.3.1 Restricted over-the-counter substances
2.4 United Kingdom
3 Switches between prescription and OTC
4 See also
5 References
6 External links
Usage[edit]
As of 2011, around a third of older adults in the U.S. reportedly use OTC drugs.[2]
Regulation by country[edit]
Canada[edit]
In Canada, there are four drug schedules:[3]
Schedule 1: Requires a prescription for sale and are provided to the public by a licensed pharmacist.
Schedule 2: Does not require a prescription but requires an assessment by a pharmacist prior to sale. These drugs are kept in an area of the pharmacy where there is no public access and may also be referred to as “behind-the-counter” drugs.
Schedule 3: Does not require a prescription but must be kept in an area under the supervision of a pharmacist. These drugs are kept in an area of the retail outlet where self-selection is possible, but a pharmacist must be available to assist in the self-selection of medication if required.
Unscheduled: Does not require a prescription and may be sold in any retail outlet.
All medications other than Schedule 1 may be considered an OTC drug, as they do not require prescriptions for sale. While the National Association of Pharmacy Regulatory Authorities provides recommendations on the scheduling of drugs for sale in Canada, each province may determine its own scheduling.[4] The drugs found in each schedule may vary from province to province.
Netherlands[edit]
In the Netherlands, there are four categories:[5]
UR (Uitsluitend Recept): Prescription only
UA (Uitsluitend Apotheek): Pharmacist only
UAD (Uitsluitend Apotheek of Drogist): Pharmacist or drugstore only
AV (Algemene Verkoop): Can be sold in general stores
A drug that is UA can be sold OTC but only by pharmacists. The drug can be on the shelves like any other product. Examples are domperidone, 400 mg ibuprofen up to 50 tablets and dextromethorphan. A drug that is UAD can also be sold at drugstores, stores where no prescription can be filed and there is only a relatively small selection of popular drugs like painkillers and cough medicine. The drugs are usually on the shelves, and the store also sells items like toys, gadgets, perfumes and homeopathic products. The drugs in this category have limited risk and addiction potential. Examples are naproxen and diclofenac in small amounts, cinnarizine, 400 mg ibuprofen up to 20 tablets and also 500 mg paracetamol up to 50 tablets. Drugs in the AV category can be sold at supermarkets, gas stations etc. and include only drugs with minimal risk to the public, like paracetamol up to 20 tablets, 200 mg ibuprofen up to 10 tablets, cetirizine and loperamide.[6]
United States[edit]
In the United States, the manufacture and sale of OTC substances is regulated by the Food and Drug Administration. The FDA requires that all "new drugs" obtain a New Drug Application (NDA) before entering interstate commerce, but the act exempts any drugs generally recognized as safe and effective (GRAS/E). To deal with the vast number of OTC drugs that were already on the market before the requirement that all drugs obtain an NDA, the FDA created the OTC monograph system to review classes of drugs and to categorize them as GRAS/E after review by expert panels. Certain classes of OTC drugs would not be required to obtain an NDA and could remain on the market if they conformed to the monograph guidelines for doses, labeling, and warnings finalized in the Code of Federal Regulations.
Thus, an OTC drug product is allowed to be marketed either (1) pursuant to an FDA monograph or (2) pursuant to an NDA for products that do not fit within a specific monograph. There is also the possibility that certain OTC drug products are marketed under the grandfathering provisions of the Federal Food, Drug, and Cosmetic Act, but the FDA has never formally acknowledged that any legitimate grandfathered OTC drug exists.
Examples of OTC substances approved in the United States are sunscreens, anti-microbial and anti-fungal products, external and internal analgesics such as lidocaine and aspirin, psoriasis and eczema topical treatments, anti-dandruff shampoos containing coal tar, and other topical products with a therapeutic effect.
The Federal Trade Commission regulates advertising of OTC products, in contrast to prescription drug advertising, which is regulated by the FDA.[7]
The FDA requires OTC products to be labeled with an approved "Drug Facts" label to educate consumers about their medications. The labels comply to a standard format and are intended to be easy for typical consumers to understand. Drug Facts labels include information on the product's active ingredient(s), indications and purpose, safety warnings, directions for use, and inactive ingredients.[8]
Restricted over-the-counter substances[edit]
An ill-defined third category of substances is products having over-the-counter status from the FDA while being simultaneously subject to other restrictions on sale. While they are legally classified as OTC drugs, they are typically stored behind the counter and are sold only in stores that are registered with their state. They may be unavailable in convenience and grocery stores that stock other non-restricted OTC medications.
For example, many drugstores have moved products containing pseudoephedrine, an OTC product, into locations where customers must ask a pharmacist for them. A prescription is not required; the change has been made in an effort to reduce methamphetamine production. Since the passage of the Illinois Methamphetamine Precursor Control Act and the subsequent federal Combat Methamphetamine Epidemic Act of 2005, the purchase of pseudoephedrine is restricted. Sellers of pseudoephedrine must obtain and record the identity of the purchaser and enforce quantity restrictions. Some states may have more stringent requirements (such as Oregon, where a medical prescription is required to purchase any quantity of pseudoephedrine). After initial attempts to control methamphetamine use (by requiring documentation of sale with government issued ID as well as limits on the quantity an individual could purchase) failed to realize meaningful reductions in methamphetamine use and production, Mississippi passed House Bill 512 in the State Senate on February 2, 2010 "to require a prescription from a licensed medical professional to purchase over-the-counter medicines with pseudoephedrine, ephedrine, or any other precursor chemical that can readily and illicitly be converted into methamphetamine, Methcathinone or any active/scheduled analogs of Phenylethylamines/ amphetamine."[citation needed] However, products containing the substance are still OTC in most states, since no prescription is required.
A similar regulation applies to some forms of emergency contraception. The FDA considers them to be OTC substances for females 17 or over but prescription drugs for younger women.[9] To enforce the restriction and to provide counseling and education on proper use, an agreement between the manufacturer and the FDA requires the drugs are stored behind the pharmacy counter. Women may obtain the medication without a prescription after providing proof of age to pharmacy staff and receiving any necessary patient education.[10]
Furthermore, some Schedule V controlled substances may be classified as OTC products in certain states. Such drugs are sold without a prescription but are subject to record-keeping rules and quantity and/or age restrictions, and they must be dispensed by a pharmacy.
United Kingdom[edit]
In the United Kingdom, medication is governed by the Medicines Regulations 2012. Medication will fall into one of three categories:[11]
Prescription Only Medication (POM), which are legally available only with a valid prescription from a prescriber. A pharmacist has to be on the premises for POM medicines to be dispensed, required by law. The medicine has been specifically prescribed for the patient holding the prescription, so it is considered safe for only the recipient to take. Just a small example of these include most antibiotics and all antidepressants or antidiabetic medications. Drugs included as POM are high-strength painkillers such as oxycodone and tramadol, medications such as sildenafil (Viagra) and diazepam (Valium), and certain topical preparations such as corticosteroids. These medicines are often sold by drug dealers, especially those marked as "CD POM," which are controlled due to abuse risk such as dipipanone, temazepam, and methadone.
General Sales List (GSL), available off the shelf with no pharmacy training required to sell (so they can be sold anywhere, such as supermarkets). In general, they are considered safe for most people when taken correctly. Examples of these include 16-packs (or less) of painkillers such as paracetamol and ibuprofen as well as a host of other safe medications such as small pack sizes of antiallergy tablets, laxative medication, and skin creams.
Pharmacy Medicines (P) are medicines which are legally neither a POM or GSL medication. These can be sold from a registered pharmacy but should not be available for self-selection (although directions to discuss a 'P' product may be allocated shelf space with associated GSL items). 'P' medications are reserved from the GSL list as they are either associated with a need for advice on use, or used in conditions which may require referral to a medical prescriber. Suitable trained counter assistants may sell a 'P' medication under the supervision of a pharmacist and will ask questions to determine if the customer needs to be referred for a discussion with a pharmacist. Some 'POM' medicines are available for use in certain situations and doses as 'P' medicines.
If it is not appropriate to sell a 'P' medication – i.e. the condition is not suitable for self-management and requires referral to a medical prescriber – then a sale should not occur and the pharmacist has a legal and professional obligation to refer this on to an appropriate service.
Examples of these include some sleep aid tablets such as Nytol, human deworming tablets such as Mebendazole, painkillers with small amounts of codeine (up to 12.8 mg per tablet), and pseudoephedrine. Medication available only with a prescription is marked somewhere on the box/container with [POM]. Pharmacy-only products are marked with [P]. A prescription is not required for [P] medicines, and pharmacy sales assistants are required by Royal Pharmaceutical Society codes to ask certain questions, which varies for what the customer says. If they ask for a specific product, the pharmacy assistant must ask "Who is it for," "How long have you had the symptoms," "Are you allergic to any medication," "Are you taking any medication" ('WHAM' questions). If a customer asks for a remedy, e.g., hay fever, then the two WHAM questions must be followed "Who is it for," "What are the symptoms," "How long have you had the symptoms," "Have you taken any action towards your symptoms," and "Are you taking any other medication." It is with this information that the pharmacist can halt the sale, if need be. No [POM], [P] or [GSL] products that are stocked in a pharmacy can be sold, dispensed, or pre-made until a responsible pharmacist is signed in and on the premises. Some medication available in supermarkets and petrol stations is sold only in smaller packet sizes. Often, larger packs will be marked as [P] and available only from a pharmacy. Frequently, customers buying larger-than-usual doses of [P] medicines (such as DXM, promethazine, codeine or Gee's linctus) will be queried, due to the possibility of abuse.[12]
Switches between prescription and OTC[edit]
As a general rule, over-the-counter drugs have to be used primarily to treat a condition that does not require the direct supervision of a doctor and must be proven to be reasonably safe and well tolerated. OTC drugs are usually also required to have little or no abuse potential, although in some areas drugs such as codeine are available OTC (usually in strictly limited formulations or requiring paperwork or identification to be submitted during purchase).
Over time, often 3–6 years, drugs that prove themselves safe and appropriate as prescription medicines may be switched from prescription to OTC. An example of this is diphenhydramine (Benadryl), an anti-histamine which once required a prescription but now is available OTC nearly everywhere. More recent examples are cimetidine and loratadine in the United States, and ibuprofen in Australia.
It is somewhat unusual for an OTC drug to be withdrawn from the market as a result of safety concerns, rather than market forces, though it does happen occasionally. For example, phenylpropanolamine was removed from sale in the United States over concern regarding strokes in young women. A study has been done examining consumer's perceptions about the risk of and access to nonprescription medication. A substantial minority of the public appears willing to accept considerable risk to gain greater access to pharmaceuticals.[13]
In the United Kingdom, it was announced In February 2007, that Boots the Chemist would try over-the-counter sales of Viagra in stores in Manchester, England (previous available as prescription only). Men aged between 30 and 65 could have bought four tablets after a consultation with a pharmacist.[14]
See also[edit]
Child-resistant packaging
Generic drug
Generally recognized as safe and effective
Inverse benefit law
List of drug interactions
Medical prescription
Pharmacy
Regulation of therapeutic goods
Over-the-counter counseling
References[edit]
Jump up ^ Over-the-Counter Medicines: What's Right for You?. Fda.gov (2009-04-30). Retrieved on 2012-07-04.
Jump up ^ Qato DM; Wilder J; Schumm L; Gillet V; Alexander G (2016-04-01). "CHanges in prescription and over-the-counter medication and dietary supplement use among older adults in the united states, 2005 vs 2011". JAMA Internal Medicine. 176 (4): 473–482. ISSN 2168-6106. PMID 26998708. doi:10.1001/jamainternmed.2015.8581.
Jump up ^ "National Drug Schedules - Overview". National Association of Pharmacy Regulatory Authorities. Retrieved 16 August 2015.
Jump up ^ "National Drug Scheduling Advisory Committee". National Association of Pharmacy Regulatory Authorities. Retrieved 16 August 2015.
Jump up ^ Geneesmiddelenwet
Jump up ^ CBG-MEB Drug database
Jump up ^ Regulation of Nonprescription Drug Products Fda.gov. Retrieved on 2014-04-24.
Jump up ^ The New Over-the-Counter Medicine Label: Take a Look. Fda.gov (2012-04-27). Retrieved on 2012-07-04.
Jump up ^ FDA Approves Plan B One-Step Emergency Contraceptive; Lowers Age for Obtaining Two-Dose Plan B Emergency Contraceptive without a Prescription. Fda.gov. Retrieved on 2012-07-04.
Jump up ^ FDA Approves Over-the-Counter Access for Plan B for Women 18 and Older. Fda.gov (2009-04-30). Retrieved on 2012-07-04.
Jump up ^ "Medicines information". NHS Choices. Retrieved 19 September 2017.
Jump up ^ Availability of medicines. MHRA. Retrieved on 2012-07-04.
Jump up ^ Alexander, GC; Mohajir N; Meltzer DO (2005). "Consumers' perceptions about risk of and access to nonprescription medications". Journal of the American Pharmacists Association. 45 (3): 363–370. PMID 15991758. doi:10.1331/1544345054003868.
Jump up ^ "Over-the-counter Viagra piloted". BBC News. 2007-02-11. Retrieved 2009-02-10.
External links[edit]
Complete list of OTC drugs
"Over-the-Counter Medicines Guide", Tool Box @ConsumerMedSafety.org
"The Tan Sheet", the weekly source of OTC industry news in the US
OTC Product News, comments on news and events effecting the OTC industry
Over-the-counter (OTC) medicines at FamilyDoctor.org, maintained by the American Academy of Family Physicians. Contains extensive information on over-the-counter drugs and their responsible use, including specific guidance on several drug classes in question-and-answer format and information on common drug interactions.
UK Medicines and Healthcare Products Regulatory Agency list of substances on general sales list;
National Institute on Drug Abuse: "NIDA for Teens: Cough and Cold Medicine (DXM and Codeine Syrup)".
Authority control
NDL: 00560481
Retrieved from "https://en.wikipedia.org/w/index.php?title=Over-the-counter_drug&oldid=804091710"
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