Montgomery to Sue FDA on Drug Imports

Duncan and the school board have declined to participate without an FDA waiver.

Last week frustrated council members voted 6 to 2 to require Duncan to immediately implement the program for 12,500 county employees and retirees directly under his control, even if the FDA objects.

Duncan said yesterday that he will let the law go into effect without his signature. But he said he will not implement the measure -- which some council members say is a direct challenge to their authority -- without FDA support.

Council President Tom Perez (D-Silver Spring), the architect of the council's bill, angrily accused Duncan of trying to derail the effort.

"I am really reaching a point where people will lead, follow or get out of way. I will implement it out of my own office if I have to," said Perez, who is hoping to use the prescription drug issue if he runs for state attorney general next year.

David Weaver, a Duncan spokesman, countered that the administration is not about to put county employees in potential legal jeopardy with federal authorities.

"Doug Duncan is not going to ask county employees to put themselves at personal risk of being charged criminally or held civilly liable," Weaver said.

Perez notes that more than a dozen other state and local governments have programs in place to import Canadian drugs.

He accused Duncan of "buying into the pharmaceutical industry and [Bush] administration's talking points."