Adibi

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; AND DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

(Docket Nos. 58, 64)

Plaintiffs Afshin Adibi and International Pharmaceutical Services (“IPS”) have filed suit pursuant to 42 U.S.C. § 1983 against Defendants the California State Board of Pharmacy (“Board”) and its executive director Patricia Harris in her official capacity. According to Plaintiffs, Defendants’ actions violated both the Foreign Commerce Clause and the Supremacy Clause. Currently pending before the Court are the parties’ cross-motions for summary judgment. Having considered the parties’ briefs and accompanying submissions, as well as the oral argument of counsel, the Court hereby GRANTS Defendants’ motion for summary judgment and DENIES Plaintiffs’ motion for summary judgment.

I. FACTUAL & PROCEDURAL BACKGROUND

The Board of Pharmacy issued a pharmacist’s license to Mr. Adibi and a wholesaler permit to IPS in 1991 and 1995, respectively. In 2001, the Board initiated an administrative proceeding against Plaintiffs in which it sought to revoke or suspend the license and permit because of drug sales that Plaintiffs made from California to other countries.…