PCT and U.S. law/customs

  1. PCT and U.S. law/customs

    was gonna post this as part of a reply to another thread but thought it might be worth a read to others on its own.

    Quote Originally Posted by NightWanderer, RE: other thread
    Customs still has a right to screen any drugs sent via mail carriers no matter if they're FDA approved or not apparently, so there is still a very small chance of having your package intercepted in such a case, however, you can search for statistics on interception as well as actual enforcement actions
    and see the chances of them keeping an under 90 day supply of an FDA approved drug are rare; and that they actually take action against you over it even more rare.
    Importation of any prescription drug (not necessarily a controlled substance) violates 21 USC, Section 301(aa), unless the following conditions are met (as listed in Section 804):

    1. The drug is imported from Canada, from a seller registered with the Secretary (i.e. with FDA);
    2. The drug is imported from a licensed pharmacy for personal use by an individual, not for resale, in quantities that do not exceed a 90-day supply;
    3. The drug is accompanied by a copy of a valid prescription;
    4. The drug is a prescription drug approved by the Secretary;
    5. The drug is in the form of a final finished dosage that was manufactured in an establishment registered under section 510; and
    6. The drug is imported under such other conditions as the Secretary determines to be necessary to ensure public safety.

    # The law further specifies that enforcement should be focused on cases in which the importation by an individual poses a significant threat to public health, and discretion should be exercised to permit individuals to make such importations in circumstances in which the prescription drug or device imported does not appear to present an unreasonable risk to the individual.[4]
    # According to Department of Homeland Security Appropriations Act, Section 535, Customs and Border Patrol are not allowed to prevent people from importing FDA-approved prescription drugs. Although originally the law was worded to cover all prescription drugs, countries of origin, and methods of delivery, its final edition specifies that it only applies to importation from Canada, and to "...individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply". Controlled substances are also explicitly excluded. Therefore, it does not disallow Customs to screen and intercept drugs sent by mail.
    # It is also technically illegal to import "non-approved" drugs (21 USC sections 331(d) and 355(a)); however, FDA policies suggest that, under certain circumstances, the patients may be allowed to keep these drugs.[5]
    # Individual U.S. states may implement their own laws regulating importation, possession, and trafficking in prescription drugs and/or controlled substances. In contrast, for years the states of Nevada, Minnesota, Illinois and Wisconsin have run official state programs to help their residents order lower-cost drugs from abroad to save money.
    EDIT: I wish I didn't have to mention that I'm not posting this with the intention of giving legal advise or under the pretense that I am knowledgeable regarding U.S. laws, but I'm going to mention it anway. Along
    with saying that I do highly recommend peple do their own research on the subject, as I simply copy/pasted from internet sources.
    Last edited by Nightwanderer; 06-04-2008 at 07:44 PM. Reason: disclaimer

  2. Yeah you can import 90 supplies for personal use. Prescription meds that aren't controlled (like serms, anti-depressant SSRI's, antibiotics) can be easily bought online from the US. All they do is check your ID, write you a script, and ship the meds to your house. Another 'loophole' in the law, but non-controlled meds have very little restrictions since they have no potential for addiction.

  3. is this law still the same in 2010?

  4. bump for 2011?

  5. no reason it would change. Also, keep in mind that it states "conditions" with an "s," and that this is an "and" rule. Meaning that you must meet ALL of the conditions.

    Also, a "valid prescription" is usually interpreted in the U.S. to be from a U.S. licensed medical doctor, so foreign prescriptions are not "valid." Otherwise, you could just go to mexico, pay $20 for a 'script of whatever you want, and carry it across the border.

    usually border patrol doesn't care though, and most likely they won't bother to check for these things.


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