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Q: online prescription drugs ( Answered,   0 Comments )
Question  
Subject: online prescription drugs
Category: Miscellaneous
Asked by: kaben-ga
List Price: $20.00
Posted: 17 Dec 2005 09:45 PST
Expires: 16 Jan 2006 09:45 PST
Question ID: 606854
Can attempts to purchase online prescription drugs, from companies out
side the united states result in personal penalties or criminal
prosecution?
Answer  
Subject: Re: online prescription drugs
Answered By: politicalguru-ga on 17 Dec 2005 11:12 PST
 
Dear Kaben, 

First of all, let me refer you to the disclaimer on the bottom of this
page: "Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice". Thus, this is
not a legal advice, and if you need one, I urge you to contact an
attorney.

Importing drugs from abroad without special permission is illegal: 
"Virtually every shipment of prescription drugs from Canadian
pharmacies to U.S. consumers violates the Act. Even if a prescription
drug is approved in the U.S., it is a violation of the Act for anyone
other than its original manufacturer to import the drug back into the
U.S. if that drug was originally manufactured in the United States
before it was sent abroad. 21 U.S.C. 381(d)(1). Moreover, drugs
shipped into the U.S. from Canadian pharmacies are generally
unapproved (21 U.S.C. 355), labeled incorrectly (21 U.S.C. 352),
and/or dispensed without a valid prescription (21 U.S.C. 353(b)(1)).
Thus, their shipment into the U.S. from Canada violates the Act. See,
e.g., 21 U.S.C. 331(a), (d), (t)."
(FDA, Warning Letter, <http://www.fda.gov/foi/warning_letters/g4535d.htm>). 

However, unless one orders a controlled substance, huge quantities,
(or otherwise banned drug), there is almost no chance of prosecution.

"The Food and Drug Administration bans the cross-border shipment of
drugs into the U.S. It sends warning letters to overseas pharmacies
and alerts the Customs Service to watch out for packages from them.

At the same time, the FDA has made it clear that its enforcement
efforts are targeting overseas pharmacies that ship drugs to the U.S.,
and not individuals importing nonnarcotic prescription drugs. Nor is
the agency planning a crackdown on individuals who buy, a spokesman
says. So customers aren't risking prosecution unless they order a
controlled substance. Legal issues aside, the FDA warns there are
inadequate safeguards of the quality of overseas drugs." (SOURCE:
"...Fill Prescriptions - It's easy to get a prescription drug online,
but is it safe and legal?", Healthy Place,
<http://www.healthyplace.com/communities/depression/treatment/antidepressants/online_pharmacies_2.asp>).

"Don?t expect to see federal officials locking up seniors for sending
away for medication from Canada? but U.S. regulatory authorities such
as state boards of pharmacy and the FDA are now cracking down on
businesses that promote the practice? such as U.S. ?storefronts? and
questionable Internet ?pharmacies?." (SOURCE: Importing prescription
medications from abroad: illegal and unsafe,
<http://www.nacds.org/wmspage.cfm?parm1=3046>).

I hope this answers your question. Please contact me if you need any
clarification on this answer before you rate it. My search terms were:
["prescription drugs" abroad legal]

Request for Answer Clarification by kaben-ga on 17 Dec 2005 17:41 PST
you mentioned that "customers aren't risking prosecution unless they order a
controlled substance" could you please provide more information
illustrating what customers are risking

Clarification of Answer by politicalguru-ga on 18 Dec 2005 03:14 PST
Are you asking about the kind of penalties for illegally possessing
controlled substances? This differs from state to state.

Request for Answer Clarification by kaben-ga on 18 Dec 2005 06:00 PST
i was asking about the penalties for importing controlled substances
via the internet. this is governed by US customs and the DEA

Clarification of Answer by politicalguru-ga on 18 Dec 2005 08:38 PST
You can see the full list of possible fines/imprisonment terms here: 

Controlled Substances Act
<http://www.deadiversion.usdoj.gov/21cfr/21usc/960.htm>

Request for Answer Clarification by kaben-ga on 18 Dec 2005 14:19 PST
i was more interested in what would happen if you attempted to buy say
xanax from an online site that google referees you to with their
sponsor links--and it is intercepted by us customs

Clarification of Answer by politicalguru-ga on 19 Dec 2005 01:15 PST
I am not a prophet. I can tell you what is likely to happen: 
- This is a criminal offence, hence a record, even if one gets no
"serious" punishment.
- Xanax is class IV controlled substance. If they go hard on you: 

"Any quantity of a controlled substance in schedule III, IV, or V,
(except a violation involving flunitrazepam) the person committing
such violation shall be imprisoned not more than five years, or be
fined not to exceed the greater of that authorized in accordance with
the provisions of Title 18, or $250,000 if the defendant is an
individual or $1,000,000 if the defendant is other than an individual,
or both." (source: ibid).
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