Medicine is not an ordinary commodity. A wrong dose, a counterfeit product, or an untrained seller can cost a life. For this reason, Iraq regulated the pharmacy profession early, and the Pharmacy Practice Law No. 40 of 1970 has been the cornerstone of that regulation for over half a century. It governs who may work as a pharmacist, where medicines may be stored and sold, and how the state supervises the entire medicine supply chain.
Background and Purpose
The law was issued in 1970 on the proposal of the Minister of Health and with the approval of the Revolutionary Command Council. Its goals are to:
- Protect public health by keeping medicines in qualified hands.
- Organize the pharmacy profession and define the pharmacist’s rights and duties.
- Regulate the import, manufacture, storage, and sale of medicines.
- Give the Ministry of Health clear powers of licensing and inspection.
Main Actors
The law revolves around three parties:
- The Ministry of Health, which licenses pharmacists and establishments, registers medicines, and carries out inspections.
- The Iraqi Pharmacists Syndicate, which represents the profession and whose membership is a condition for practice.
- The licensed pharmacist, who bears personal professional responsibility for what is dispensed.
Conditions for Practising the Profession
No one may practise pharmacy in Iraq without meeting the law’s conditions. In general, the practitioner must hold a recognized pharmacy degree, be registered with the Ministry of Health, be a member of the Pharmacists Syndicate, and hold a licence for the place of practice. Practising without these conditions is an offence.
Pharmaceutical Establishments
The law regulates every link in the medicine chain:
- Pharmacies, which sell and dispense medicines directly to the public under a pharmacist’s management.
- Drug stores and warehouses, which import, store, and distribute medicines in bulk.
- Factories and laboratories, which produce medicines and medical preparations.
Each type of establishment needs a separate licence and must meet technical, health, and storage conditions.
Medicines and Their Control
The law requires that medicines traded in Iraq be registered and approved by the Ministry of Health. Importing medicines requires prior approval. Special categories, such as narcotics, poisons, and emergency drugs, are subject to stricter rules on prescription, storage, and record-keeping. These rules are complemented by the Narcotic Drugs and Psychotropic Substances Law of 2017.
Inspection and Accountability
Ministry inspectors may enter pharmacies and drug stores, examine their records and stock, and seize unlicensed, expired, or unfit medicines. Violations can lead to fines, imprisonment, revocation of licences, or closure. Pharmacists may also face civil and criminal liability under general laws such as the Penal Code and the Consumer Protection Law.
Law in Today’s Iraq
The law is still very much alive. In 2025, the Pharmacists Syndicate challenged a Ministry of Health decision that allowed nursing clinics to keep certain emergency “shock” medications, arguing that it breached the law’s rules on who may hold and dispense medicines. A court sided with the Syndicate and overturned the decision, confirming that the 1970 law still sets binding limits even on the Ministry itself.
Weaknesses and the Need for Reform
Written more than fifty years ago, the law shows its age:
- It does not fully define key terms such as “medicine” or “pharmaceutical factory.”
- It does not address online pharmacies, e-prescriptions, or modern supply chains.
- It offers limited tools against counterfeit and smuggled medicines, a serious problem in Iraq.
- It does not reflect newer roles such as clinical and hospital pharmacy or pharmacovigilance.
- Its penalties are considered too weak to deter large-scale violations.
Many pharmacists, academics, and officials argue that Iraq needs a new, comprehensive pharmacy and medicines law.
Conclusion
The Pharmacy Practice Law No. 40 of 1970 built a solid framework that still protects patients by keeping the medicine trade under professional and state control. However, the pharmaceutical world has changed dramatically since 1970. Updating the law is essential if Iraq is to guarantee safe, effective, and affordable medicines for its citizens.