According to Cooper's opinion, only the Tennessee legislature has the power to regulate drugs like ephedrine and pseudoephedrine within the state and local governments passing laws in this respect had violated state laws. Cooper wrote specifically that any local ordinance that "prohibits the sale, delivery or distribution of over-the-counter products containing ephedrine or pseudoephedrine without a valid prescription" violates state law.
However, according to the opinion of the Attorney General, the document does not hold the power of a court decision, and hence does not invalidate the laws that have already been passed. People trying to challenge the local ordinances can cite Cooper's opinion to strike them down at courts competent to take up the issues.
Local governments have seen an improvement in their local situations after passing local ordinances banning without prescription sales of pseudoephedrine containing drugs. But Cooper's opinion puts a damper on their efforts. Attempts over recent years to pass a state-wide law for banning without prescription sales of pseudoephedrine have been defeated at the Tennessee legislature.
The opinion seems to conflict with the approach taken on other drugs like medical marijuana, where courts in California have ruled that even if state laws allow growing medical marijuana, local governments have the right to pass zoning ordinances to ban such activities.
