# Legality of possession of a non-controlled Rx drug w/o a prescription

**URL:** <https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545>\
**Category:** Factual Questions\
**Created:** [July 18, 2015, 8:19pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545 "2015-07-18T20:19:01Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [July 18, 2015, 8:19pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/1 "2015-07-18T20:19:01Z")

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I know there are lots of laws surrounding controlled substances, but what about possession of a non-scheduled Rx drug w/o a prescription?

Example: if someone possesses an anti-baldness or an anti-nausea prescription drug they bought from overseas for personal use, but didn’t get an Rx what crime is that?

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**Author:** ![Habeed](https://avatars.discourse-cdn.com/v4/letter/h/a587f6/32.png) [@Habeed](https://boards.straightdope.com/u/Habeed)\
**Post date:** [July 18, 2015, 8:22pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/2 "2015-07-18T20:22:21Z")

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It’s a crime. You’re going to get away with it unless the authorities are riding your ass over something else. (for example, I read of folks on probation or parole sent to prison over something like that)

I could look up the exact code but that’s what it comes down to. If you order some of those drugs by mail order, the likely consequence is that either they will show up at your doorstep (probable outcome) or the feds will seize it and send you a letter saying that…gasp…someone tried to mail you some contraband.

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [July 18, 2015, 8:47pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/3 "2015-07-18T20:47:59Z")

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> [@Habeed](#):
>
> It’s a crime. You’re going to get away with it unless the authorities are riding your ass over something else. (for example, I read of folks on probation or parole sent to prison over something like that)
> 
> I could look up the exact code but that’s what it comes down to. If you order some of those drugs by mail order, the likely consequence is that either they will show up at your doorstep (probable outcome) or the feds will seize it and send you a letter saying that…gasp…someone tried to mail you some contraband.

I don’t believe the feds will stake out your house for buying non-controlled drugs seeing how 5 million people do it each year (buying drugs from overseas is a crime in and of itself but the gov looks the other way as long as they aren’t scheduled). However I don’t know what crime the situation in question is.

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**Author:** ![Habeed](https://avatars.discourse-cdn.com/v4/letter/h/a587f6/32.png) [@Habeed](https://boards.straightdope.com/u/Habeed)\
**Post date:** [July 18, 2015, 8:49pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/4 "2015-07-18T20:49:54Z")

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> [@Wesley\_Clark](#):
>
> I don’t know if I believe the feds will stake out your house for buying non-controlled drugs. However I don’t know what crime the situation in question is.

Sorry, by “show up at your doorstep” I meant “the drugs will arrive safe and sound”. They aren’t going to stake out your house.

There are prescription drugs, some not available in the USA at all, that allegedly increase intelligence. It’s not a totally unreasonable thing for a really dedicated person who wants to be smarter to mail order these drugs and try them. I don’t personally see how you could reasonably consider it a crime - but it is against the rules. However, a person doing this is nearly certain to get away with it.

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [July 18, 2015, 8:52pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/5 "2015-07-18T20:52:08Z")

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Ah. I thought you meant the police would ‘show up at your doorstep’. Years ago when I used to follow bodybuilding I knew a lot of people who had anabolic steroids, which are scheduled. But they also had a wide range of non-scheduled prescription drugs to deal with the side effects. I know possession of AAS is a crime due to it being a controlled substance, but have no idea what crime possession of anti-breast cancer drugs, or fertility drugs, or anti-acne drugs w/o a Rx is.

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**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\
**Post date:** [July 18, 2015, 8:56pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/6 "2015-07-18T20:56:25Z")

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If a substance is not controlled it is not in any way illegal to possess.

That is the whole point of the controlled substances schedule, it is isn’t scheduled it is not illegal to possess.

NOW selling a non-controlled drug for consumption can run into FDA laws.

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**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\
**Post date:** [July 18, 2015, 9:12pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/7 "2015-07-18T21:12:48Z")

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I think the OP means a _scheduled_ controlled substance, like cocaine; vs. a _non-scheduled_ controlled substance, like 600 mg ibuprofen.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [July 18, 2015, 9:19pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/8 "2015-07-18T21:19:24Z")

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I was having a beer with a friend who also happens to be my physician. I complained to him about the copay on my three hypertension meds, Lipitor, and Plavix. He explained to me how I could order the meds and told me he’d write me the necessary prescriptions.

I asked him if this was legal, and he said, “Do I look like a fucking lawyer to you?!?”

So there’s that.

(My copay for thirty tablets of Atenelol buys over 100 tablets)

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**Author:** ![Ranger\_Jeff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ranger_jeff/32/2065_2.png) [@Ranger\_Jeff](https://boards.straightdope.com/u/Ranger_Jeff)\
**Post date:** [July 18, 2015, 11:13pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/9 "2015-07-18T23:13:18Z")

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I can’t see someone getting busted for OTC drugs. Other than huge quantities of the ones used to make meth.

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [July 19, 2015, 2:16am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/10 "2015-07-19T02:16:04Z")

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I think there is misunderstanding. I am asking about possession of prescription drugs without a prescription, but the drugs are not scheduled/controlled.

Example: someone possesses cipro, lipitor or paxil obtained from a mexican pharmacy w/o going through a doctor. What exactly is the crime in question called?

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [July 19, 2015, 2:17am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/11 "2015-07-19T02:17:26Z")

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> [@kayaker](#):
>
> I was having a beer with a friend who also happens to be my physician. I complained to him about the copay on my three hypertension meds, Lipitor, and Plavix. He explained to me how I could order the meds and told me he’d write me the necessary prescriptions.
> 
> I asked him if this was legal, and he said, “Do I look like a fucking lawyer to you?!?”
> 
> So there’s that.
> 
> (My copay for thirty tablets of Atenelol buys over 100 tablets)

Atenolol is on the $4 list at various pharmacies.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [July 19, 2015, 2:55am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/12 "2015-07-19T02:55:01Z")

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A border guard on a train from Vancouver told the guy in the seat in front of me that all drugs brought into the US had to be confiscated with or without a prescription (which I didn’t have with me in any case). So when he got to my seat, I lied and said I had no drugs on me. For at least one of the drugs, a beta-blocker, it would have been life-threatening for me to stop cold turkey.

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**Author:** ![guizot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guizot/32/3636_2.png) [@guizot](https://boards.straightdope.com/u/guizot)\
**Post date:** [July 19, 2015, 4:09am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/13 "2015-07-19T04:09:33Z")

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> [@Hari\_Seldon](#):
>
> A border guard on a train from Vancouver told the guy in the seat in front of me that all drugs brought into the US had to be confiscated with or without a prescription . . .

So that means anyone coming into the U.S.–anyone, including tourists and other visitors–who are on medication prescribed by a doctor in their country, and have the prescription–must forfeit that medication in order to enter the U.S.? Do they get reimbursed, at least?

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [July 19, 2015, 12:36pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/14 "2015-07-19T12:36:39Z")

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> [@Wesley\_Clark](#):
>
> Atenolol is on the $4 list at various pharmacies.

My grocery store pharmacy has a few antihypertensives that are very cheap, but not atenolol. Plus, my medical insurance (Highmark) sucks. My cardiologist’s receptionist was freaked out that my copay was more than the reduced rate they would have charged me if I were uninsured.

Losartan is another good example. I take 50 mg a day. My copay buys nearly one hundred 100 mg tabs, which I cut in half.

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**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\
**Post date:** [July 19, 2015, 12:59pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/15 "2015-07-19T12:59:24Z")

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> [@Hari\_Seldon](#):
>
> A border guard on a train from Vancouver told the guy in the seat in front of me that all drugs brought into the US had to be confiscated with or without a prescription (which I didn’t have with me in any case). So when he got to my seat, I lied and said I had no drugs on me. For at least one of the drugs, a beta-blocker, it would have been life-threatening for me to stop cold turkey.

And for that reason, this has to be bullshit. I travel with insulin and syringes, and nobody has ever batted an eye.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [July 19, 2015, 1:16pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/16 "2015-07-19T13:16:51Z")

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Yeah, I’m certain you can bring a personal supply of medically necessary drugs across borders. It’s probably wise to carry the prescription. I’ve seen advice to leave them in the original bottle with your name on it, to prove you obtained it appropriately.

It’s even one of the stated exceptions to the 3-oz of liquid rule while flying.

I’ve heard various stories about the legality of ordering drugs (with a prescription) overseas. In practice, there is not currently any attempt by the government to control that. Getting the drugs without a prescription is illegal, I believe, but again, there doesn’t seem to be any push to enforce that. This is probably a good thing, as our drug laws are messed up. (And I’m referring to ordinary medical drugs here, not to recreational ones.)

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [July 19, 2015, 3:56pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/17 "2015-07-19T15:56:19Z")

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> [@kayaker](#):
>
> My grocery store pharmacy has a few antihypertensives that are very cheap, but not atenolol. Plus, my medical insurance (Highmark) sucks. My cardiologist’s receptionist was freaked out that my copay was more than the reduced rate they would have charged me if I were uninsured.
> 
> Losartan is another good example. I take 50 mg a day. My copay buys nearly one hundred 100 mg tabs, which I cut in half.

both Walmart and Target, and probably various other pharmacies, carry 100mg atenolol for $4 for a 1 month or $10 for a 3 month supply.

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**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\
**Post date:** [July 19, 2015, 4:18pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/18 "2015-07-19T16:18:55Z")

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If I had the day off I’d knock out a veritable wiki page of a response, as I’ve had decades of personal experience in this area and regularly participate in several message boards devoted either wholly or partially to this subject. I’ll throw out a couple of things to get started, and compose more long-winded explanations when I have more time. If you’re really interested in the wondrous world of offshore drugs, stay tuned—there’s more coming. First of all, to directly address the first sentence of the OP, it’s illegal to possess any prescription drug in the United States without a prescription. I know a person who was arrested for possession of Tagamet (before it went OTC a few years ago). He was on parole, so they hauled him in for possession of tummy meds. To get to the heart of the OP’s deeper intention, which is essentially to ask “if I order Xanax from Pakistan and they catch me, will I wind up in North Block married to a guy named Bubba?” The answer to that question is that unless they are picking on you for some specific reason, it’ll never happen in a million years. More in-depth explanations and a complete (at least, as complete as can be without straying from the SDMB’s restrictions on discussing illegal activity) how-to guide coming shortly.

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**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\
**Post date:** [July 19, 2015, 4:24pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/19 "2015-07-19T16:24:58Z")

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> [@Washoe](#):
>
> If I had the day off I’d knock out a veritable wiki page of a response, as I’ve had decades of personal experience in this area and regularly participate in several message boards devoted either wholly or partially to this subject. I’ll throw out a couple of things to get started, and compose more long-winded explanations when I have more time. If you’re really interested in the wondrous world of offshore drugs, stay tuned—there’s more coming. First of all, to directly address the first sentence of the OP, it’s illegal to possess any prescription drug in the United States without a prescription. I know a person who was arrested for possession of Tagamet (before it went OTC a few years ago). He was on parole, so they hauled him in for possession of tummy meds. To get to the heart of the OP’s deeper intention, which is essentially to ask “if I order Xanax from Pakistan and they catch me, will I wind up in North Block married to a guy named Bubba?” The answer to that question is that unless they are picking on you for some specific reason, it’ll never happen in a million years. More in-depth explanations and a complete (at least, as complete as can be without straying from the SDMB’s restrictions on discussing illegal activity) how-to guide coming shortly.

Care to quote the statute that criminalizes possession of non-scheduled RX meds?

Note Xanax is scheduled as alprazolam, so yes it is illegal to possess without a script. Atenolol is not scheduled, what are the cops going to charge me with if I have it?

I don’t dispute ignortant cops could be hauling people in for it, but this applies to a lot of things.

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [July 19, 2015, 8:42pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/20 "2015-07-19T20:42:27Z")

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I don’t even understand exactly what “scheduled” is supposed to mean.

EVERY prescription drug comes in a package with the statement:

> [@Federal Law](#):
>
> Caution: Federal law prohibits transfer of this drug to any person other than the patient for whom prescribed.

If we take the wording _very_ literally, it appears to be the act of transferring the drug from one person to another, that is illegal – rather than the act of possessing it. Hard to know how that would be interpreted in practice.

Medical appliances have similar wording. A CPAP machine or a nebulizer would have the same restriction. Once, when I offered to drive a friend home after a surgery, I asked the receptionist if I could have a barf bag in case he needed it. She gave me a clear plastic jug with milliliter graduation markings along the side – Yes, even that had the same warning on it. So I suppose the Drug Gestapo might have come to take down that evil receptionist at any moment!

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