After a similar measure was defeated by state lawmakers earlier this year, a proposed ballot initiative filed with the state on Thursday will seek to repeal the state's pharmacy ownership law.

The initiative was submitted to Secretary of State Al Jaeger, who will review the petition and decide whether to approve it for circulation later this month.

To get on the 2010 ballot, supporters will need at least 12,844 signatures from North Dakota voters. Tammy Ibach, spokeswoman for the sponsoring committee known as Citizens for Lower Prescription Drugs, has said the group is aiming for at least 18,000 signatures.

In February, House lawmakers voted down a bill that would have repealed the 46-year-old provision that requires pharmacies to be majority-owned by pharmacists, which effectively bars big box stores and hospitals from opening their own pharmacies in the state.

Stores such as Walmart and Target have pushed for repealing the law, which many say is the only one of its kind in the nation.

Meanwhile, small, community pharmacists have fought to keep the law intact.

There are some exceptions to the law in North Dakota, including CVS pharmacies that are not pharmacist-owned, but were formerly Osco Drug stores that were grandfathered in when the law was created.

North Dakota's largest pharmacy is Thrifty White Drug Stores, an employee-owned pharmacy chain based in Minnesota, which has 28 stores in 20 cities around North Dakota.

Tony Welder, owner of Dakota Pharmacy in Bismarck, said North Dakota has one of the lowest average drug prices in the country because of the ownership law, which was successfully defended before the U.S. Supreme Court in 1974.

"I think that once the public hears all the facts ... they are going to realize it isn't all about $4 prescriptions," Welder said. "There is a whole lot more involved. Our challenge will be to educate the public. I think we can do that."

Rep. Bob Martinson, R-Bismarck, who sponsored the bill last session that would have repealed the ownership provision, said he thinks the potential ballot measure will pass overwhelmingly.

"I think a lot of my colleagues voted against the wishes of their constituents," Martinson said of the 57-35 House vote in February.

Rep. Dwight Wrangham, R-Bismarck, who voted against the bill in February, said both sides of the debate have valid points.

"It was a very contentious and hard fought battle," Wrangham said. "I think if there's an initiated measure we will see a full court press put on by both sides and the people will decide."

(Reach reporter Brian Duggan at 250-8255 or at brian.duggan@bismarcktribune.com)