Because Big Pharma has successfully blocked the passage of bills legalizing the purchase of prescription drugs from Canada, American consumers are technically violating the law when they purchase their medications from Canadian pharmacies.

However, since polls consistently show that 80 percent of Americans want the right to buy Canadian drugs, the federal government is careful in their handling of this issue. In fact, no individual has been prosecuted since 1988 for re-importing prescription drugs for their personal use.

The FDA has issued enforcement guidelines that effectively allow Americans to purchase their drugs from licensed Canadian pharmacies, if the following seven conditions are met:

1) The drugs are for personal use.
2) The individual seeking to import the drugs has a valid prescription from a licensed U.S. physician.
3) The quantity of drugs does not exceed a three (3) months supply.
4) There is no known commercialization or promotion to persons residing in the U.S. by those involved in the distribution of the drugs.
5) The individual seeking to import the drugs affirms in writing that it is for the patient’s own personal use.
6) The individual seeking to import the drugs provides the name and address of the doctor licensed in the U.S. responsible for his or her treatment with the product.
7) The drugs do not contain a narcotic or controlled substance.

Personal Use

Drugs imported from Canada must be for your own use. You may not import drugs for resale. You may not import drugs for family, friends or any other third party. Any importation other than for your own use is a violation of drug import regulations.

Valid Prescription

You must have a valid prescription from your doctor. Importing drugs without a prescription from a licensed U.S. physician violates FDA regulations. In Canada, any pharmacy that dispenses prescription drugs without a prescription violates Canadian regulations. Online pharmacies offering to dispense prescription drugs without a prescription should be avoided.

Quantity

To ensure that prescription drugs are imported for personal use, the quantity you may import is limited to a three months supply. Any shipments over three months supply may be deemed importation for resale, which violates personal import regulations. If your prescription allows refills, you may import up to three refills, one every three months. To import more than three refills, you would need another prescription from your doctor.

Commercialization and Promotion

If those involved in the distribution of the drugs being imported conduct commercialization or promotion to persons residing in the U.S., the shipment may be held by customs and/or denied entry. Canadian or overseas pharmacies that advertise to you through direct mail, unsolicited bulk e-mail (spam) or any other form of commercialization or promotion are in violation of regulations and are best avoided.

Controlled Substances

Narcotics and other controlled substances are subject to DEA jurisdiction and cannot be imported under personal importation regulations. Such items may be held by customs and referred to the DEA for investigation. Exporting narcotics is a violation of Canadian export regulations, and any pharmacy that offers narcotics for export should be avoided.

Source

This entry was posted on Wednesday, February 18th, 2009 at 11:03 am and is filed under Drug Reimportation, canadian pharmacies. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.