# Legality of possession of a non-controlled Rx drug w/o a prescription **URL:** \ **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:** 2
**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, 8:47pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/21 "2015-07-19T20:47:06Z")
> [@grude](#): > > I don’t dispute ignortant cops could be hauling people in for it, but this applies to a lot of things. And perhaps more likely and more seriously, they could confiscate anything of value you have on your person (cash, or even your vehicle) under the notorious “civil forfeiture” rules which require only the barest minimum semblance of “due process” at every stage of the proceedings. ---
**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, 9:10pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/22 "2015-07-19T21:10:11Z")
> [@Senegoid](#): > > I don’t even understand exactly what “scheduled” is supposed to mean. > > EVERY prescription drug comes in a package with the statement: > 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! Straight from the guys who enforce it about the schedule system, so called illegal drugs like cocaine and heroin and marijuana are schedule 1 and not legal to RX or possess. S2-5 are RX drugs legal to possess with an RX. [http://www.dea.gov/druginfo/ds.shtml](http://www.dea.gov/druginfo/ds.shtml) ---
**Author:** ![Hail\_Ants](https://avatars.discourse-cdn.com/v4/letter/h/dc4da7/32.png) [@Hail\_Ants](https://boards.straightdope.com/u/Hail_Ants)\ **Post date:** [July 19, 2015, 11:45pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/23 "2015-07-19T23:45:30Z")
> [@Senegoid](#): > > I don’t even understand exactly what “scheduled” is supposed to mean. > > EVERY prescription drug comes in a package with the statement: Short answer is that ‘scheduled’ drugs are things that both require a prescription and whose effects are judged intoxicating enough to risk it being abused (i.e. used for non-medical purposes). ---
**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, 11:58pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/24 "2015-07-19T23:58:45Z")
> [@Washoe](#): > > …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 have some related questions: Is it legal to internet-order drugs from overseas if you have a prescription? How about if it’s a drug that hasn’t been approved by the FDA, but that is in a category that isn’t tempting to abuse and that has few restrictions? Like, if there were some better version of tagamet that hadn’t been approved in the US but had been approved in Germany, and your doctor wrote a prescription? I’m not asking if one would be prosecuted. I’m pretty sure the answer is “no”, unless someone is out to get you for other reasons. I am asking if these transactions are legal. ---
**Author:** ![usedtobe](https://avatars.discourse-cdn.com/v4/letter/u/ec9cab/32.png) [@usedtobe](https://boards.straightdope.com/u/usedtobe)\ **Post date:** [July 19, 2015, 11:58pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/25 "2015-07-19T23:58:54Z")
I stock a prescription-only antibiotic. They are readily available - just start searching by drug name. The law and the medical industries know about the diversion and do nothing. ---
**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 20, 2015, 12:00am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/26 "2015-07-20T00:00:48Z")
> [@Wesley\_Clark](#): > > 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? In your examples, I wonder if, in your hypothetical, those drugs were legal to obtain without a prescription in the country where you bought them? I’ve seen anti-nausea drugs OTC in Australia that aren’t OTC in the US, for example. (They were being advertised to prevent sea sickness.) ---
**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 20, 2015, 5:19am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/27 "2015-07-20T05:19:01Z")
> [@guizot](#): > > 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? No, that guy was out of his mind. Congress had just passed a law on overseas drugs and this guy jumped the gun without waiting for regulations to be drafted. Theoretically, you should have them in the original prescription bottles (which I didn’t have; mine are in a pill organizer) but these rules are never enforced on small quantities brought in for obviously personal use. That was the only time I have ever been asked about drugs. No one my age travels without drugs. ---
**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 20, 2015, 5:22am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/28 "2015-07-20T05:22:34Z")
> [@Ethilrist](#): > > And for that reason, this has to be bullshit. I travel with insulin and syringes, and nobody has ever batted an eye. Of course it was bullshit, but these guys are a law unto themselves. A border guard can just refuse your entry without reason. Had he actually confiscated my drugs I would have insisted on seeing his superior. Unless you mean my posting is bullshit. Prove it. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [July 24, 2015, 12:59am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/29 "2015-07-24T00:59:27Z")
> [@puzzlegal](#): > > I have some related questions: > > Is it legal to internet-order drugs from overseas if you have a prescription? > > How about if it’s a drug that hasn’t been approved by the FDA, but that is in a category that isn’t tempting to abuse and that has few restrictions? Like, if there were some better version of tagamet that hadn’t been approved in the US but had been approved in Germany, and your doctor wrote a prescription? That’s a good question to get the ball rolling with. [Etizolam](https://en.wikipedia.org/wiki/Etizolam) and [tianeptine](https://en.wikipedia.org/wiki/Tianeptine) are good examples of such substances, although they both have abuse potential. They are two commonly discussed compounds on Internet message boards that cater to the offshore pharmacy community. Neither drug is currently scheduled in the United States, and it is legal to possess both of them, although three states (Arkansas, Alabama, and Mississippi) have made etizolam a controlled substance. Tianeptine can even be purchased from domestic vendors in bulk powder form, and until recently etizolam was also available from these same sources. There are a lot of reasons why people avail themselves of offshore pharmaceuticals. A top ten-type list would look something like this, at least in terms of the communities that I regularly interact with: 1). People who have become addicted to opiates or benzodiazepines as a result of legitimate medical treatment now want to continue to use these substances once the treatment has been discontinued. 2). Nootropics enthusiasts are interested in drugs which have no recognized medical use and are not obtainable from recognized pharmaceutical manufacturers. The racetams are a group of about 25 – 30 different compounds that are becoming widely used by students to increase their memory and recall for academic material. There is limited clinical evidence of their efficacy, but there is nonetheless a huge market for them. Most of the racetams are drugs that were developed as treatments for age-related cognitive decline in humans. 3). Some people seek out these substances solely for their psychoactive effects. The open discussion of ‘recreational use’ is strongly discouraged on most of the message boards I participate in, and is prohibited on some. [Bluelight.org](http://Bluelight.org) is probably the largest Internet message board that freely permits this type of discussion. The number and variety of compounds available to this community is far larger than any other. Opiates, benzodiazepines, and stimulants are the most sought-after drugs in this category. Law enforcement agencies throughout the world have made a significant dent in the availability of these drugs, and they are now difficult to obtain. Whereas five years ago I knew several reliable sources of Valium and Xanax, none of these vendors exist today. Users of these substances have now largely turned to the flourishing analogue market. Etizolam, flubromazepam, phenazepam, diclazepam, pyrazolam, and flutoprazepam are among the dozen or so benzo analogues currently available to people who previously sought benzodiazepines. Most of them are unscheduled in the United States and are legal to possess. Opiate users also have several options available to them, including the fentanyl analogue parafluorofentanyl which has recently made an appearance in the Western European market. There is now a large market for hallucinogenic phenethylamine and tryptamine compounds such as [2C-C](https://en.wikipedia.org/wiki/2C-C) and [5-MeO-DALT](https://en.wikipedia.org/wiki/5-MeO-DALT). At any given time there are three to four dozen such compounds available from online vendors in Western Europe. There are even analogues of the phencyclidine-derived dissociative anesthetics PCP and ketamine available. 4). Circumvention of international patent law. Generic versions of drugs which are still under patent are obtainable from pharmaceutical distributors in India at a price substantially less than their patent-protected counterparts. The rhinitis medication mometasone (Nasonex) is the most remarkable example (in terms of price difference) that I’ve encountered. Merck currently holds the patents on Nasonex, and a one-month supply of the drug runs about $150. The Indian pharmaceutical giant [Cipla](https://en.wikipedia.org/wiki/Cipla) manufactures and distributes a generic knockoff named Metaspray that is available from online vendors for about $10 a bottle. 5). Obtaining established drugs for off-label use. Clinicians are often hesitant to prescribe drugs for purposes that are not approved by the FDA. One such compound that I’m currently interested in is [prazosin](https://en.wikipedia.org/wiki/Prazosin). It’s an alpha-adrenergic blocker that has been used for decades to treat essential hypertension. The Defense Department is actively investigating it for the treatment of sleep disorders in post-combat PTSD victims. Preliminary results are very encouraging—a significant number of patients in the treatment groups exhibit marked improvement in nocturnal awakenings and reduction of PTSD-induced nightmares. 6). The hypochondriac market. If you want antibiotics and antivirals, they are out there. It’s a big percentage of the market, and a lot of people stockpile them. I personally know a pharmacy technician who makes $15 an hour who raised enough money to buy two Quiznos franchises simply by making an annual trip to India and returning each time with a suitcase full of antibiotics. 7). Obtaining drugs for the treatment of erectile dysfunction. This is an area that I know essentially nothing about. I’ve mentioned it because ED drugs makes up a considerable bulk of offshore vendor discussion on message boards devoted to the OP-patronizing community. Entire blocks of sub-fora are sometimes allocated solely to the discussion of boner pills, where to get them, and identification of reliable vendors. It represents a very substantial share of the market, but I’m not well versed in the reasons why OP patrons prefer to avail themselves of these outlets rather than obtain them from practitioners in their area. 8). Obtaining purely experimental drugs. [NSI-189](https://en.wikipedia.org/wiki/NSI-189) and [ALT-711](https://en.wikipedia.org/wiki/Alagebrium) are examples of drugs which have never completed clinical trials and are purely experimental at this time. Both are somewhat difficult to obtain. Neuralstem, Inc. holds the patent on NSI-189 and is vigorously pursuing unlicensed vendors who distribute it. The experimental drug [Tirasemtiv](http://www.cytokinetics.com/ck2017357), a proposed treatment for ALS and other diseases that involve neuromuscular wasting, became available this week from a research chemical vendor in Hong Kong at a cost of $640/gram. Most of the interest in these compounds is generated by members of the antiaging community, who seek to use these drugs to decelerate the aging process or in some way augment their physiology to achieve an immediate short-term benefit such as increasing the efficacy of their natural immune systems or increasing athletic or intellectual performance. Good examples of other experimental substances which are currently ‘hot’ in this community are [Dihexa](https://news.wsu.edu/2012/10/11/prospective-alzheimer%C2%92s-drug-builds-new-brain-cell-connections/#.VbFyevkVRXs), [C60](http://www.kurzweilai.net/fullerene-c60-administration-doubles-rat-lifespan-with-no-toxicity) (buckminsterfullerene), and [Cerebrolysin](http://psychcentral.com/news/2013/02/03/new-drug-cerebrolysin-shows-promise-for-dementia/51116.html). I’ll stop here; I didn’t realize how an ambitious a project this would be. I could go on for pages and pages—this is just a glancingly superficial overview of the enormous Internet pharmaceutical market. I’m going to spend the next few days investigating legal issues surrounding the importation and use of offshore drugs. It’s a more complex matter than the responses so far generated suggest. Ironically, a concert violinist who buys propranolol from a Japanese pharmacy to improve his professional performance may be running more afoul of the law than a psychonaut who imports and uses a mescaline analogue solely for the purpose of getting high. As of right now, almost everything I’ve discussed is perfectly legal in the United States. Canadian and European laws are far more restrictive, and are about to become even harsher in the immediate future with the impending passage of the UK’s [Psychoactive Substances Bill](http://www.cph.org.uk/blog/the-new-psychoactive-substances-bill-a-quick-introduction/). Federal law in the United States appears to currently permit the importation of any unscheduled medicinal substance for personal use, but even the FDA’s own public service publications are internally contradictory on the issue. I’ll see if I can sort out a definitive answer to the OP’s original question and report back in few days or so. If there is any interest expressed, I will also compile a small resource list of known reliable vendors and discussion sites for those who want investigate the matter personally, omitting as much as possible information that facilities recreational use of medicinal and non-medicinal substances. ---
**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\ **Post date:** [July 24, 2015, 1:57am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/30 "2015-07-24T01:57:48Z")
…and that’s what the SD Message boards are for. Thanks, Washoe! ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [July 24, 2015, 3:00pm UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/31 "2015-07-24T15:00:43Z")
> [@grude](#): > > Care to quote the statute that criminalizes possession of non-scheduled RX meds? In Florida, it would be [§499.03, Fla. Stat.](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0499/Sections/0499.03.html) There is largely identical legislation in effect in any US state. > [@](#): > > A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject to s. 499.003(33), or prescription drug as defined in s. 499.003(43), unless the possession of the drug has been obtained by a valid prescription of a practitioner licensed by law to prescribe the drug… > > …The possession of a drug under subsection (1) by any person not exempted under this section, which drug is not properly labeled to indicate that possession is by a valid prescription of a practitioner licensed by law to prescribe such drug, is prima facie evidence that such possession is unlawful. ---
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [July 25, 2015, 12:06am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/32 "2015-07-25T00:06:08Z")
> [@Washoe](#): > > That’s a good question to get the ball rolling with. [Etizolam](https://en.wikipedia.org/wiki/Etizolam) and [tianeptine](https://en.wikipedia.org/wiki/Tianeptine) are good examples of such substances, although they both have abuse potential. They are two commonly discussed compounds on Internet message boards that cater to the offshore pharmacy community. Neither drug is currently scheduled in the United States, and it is legal to possess both of them, although three states (Arkansas, Alabama, and Mississippi) have made etizolam a controlled substance. Tianeptine can even be purchased from domestic vendors in bulk powder form, and until recently etizolam was also available from these same sources. > > There are a lot of reasons why people avail themselves of offshore pharmaceuticals. A top ten-type list would look something like this, at least in terms of the communities that I regularly interact with: > > 1). People who have become addicted to opiates or benzodiazepines as a result of legitimate medical treatment now want to continue to use these substances once the treatment has been discontinued. > > 2). Nootropics enthusiasts are interested in drugs which have no recognized medical use and are not obtainable from recognized pharmaceutical manufacturers. The racetams are a group of about 25 – 30 different compounds that are becoming widely used by students to increase their memory and recall for academic material. There is limited clinical evidence of their efficacy, but there is nonetheless a huge market for them. Most of the racetams are drugs that were developed as treatments for age-related cognitive decline in humans. > > 3). Some people seek out these substances solely for their psychoactive effects. The open discussion of ‘recreational use’ is strongly discouraged on most of the message boards I participate in, and is prohibited on some. [Bluelight.org](http://Bluelight.org) is probably the largest Internet message board that freely permits this type of discussion. The number and variety of compounds available to this community is far larger than any other. Opiates, benzodiazepines, and stimulants are the most sought-after drugs in this category. Law enforcement agencies throughout the world have made a significant dent in the availability of these drugs, and they are now difficult to obtain. Whereas five years ago I knew several reliable sources of Valium and Xanax, none of these vendors exist today. Users of these substances have now largely turned to the flourishing analogue market. Etizolam, flubromazepam, phenazepam, diclazepam, pyrazolam, and flutoprazepam are among the dozen or so benzo analogues currently available to people who previously sought benzodiazepines. Most of them are unscheduled in the United States and are legal to possess. Opiate users also have several options available to them, including the fentanyl analogue parafluorofentanyl which has recently made an appearance in the Western European market. There is now a large market for hallucinogenic phenethylamine and tryptamine compounds such as [2C-C](https://en.wikipedia.org/wiki/2C-C) and [5-MeO-DALT](https://en.wikipedia.org/wiki/5-MeO-DALT). At any given time there are three to four dozen such compounds available from online vendors in Western Europe. There are even analogues of the phencyclidine-derived dissociative anesthetics PCP and ketamine available. > > 4). Circumvention of international patent law. Generic versions of drugs which are still under patent are obtainable from pharmaceutical distributors in India at a price substantially less than their patent-protected counterparts. The rhinitis medication mometasone (Nasonex) is the most remarkable example (in terms of price difference) that I’ve encountered. Merck currently holds the patents on Nasonex, and a one-month supply of the drug runs about $150. The Indian pharmaceutical giant [Cipla](https://en.wikipedia.org/wiki/Cipla) manufactures and distributes a generic knockoff named Metaspray that is available from online vendors for about $10 a bottle. > > 5). Obtaining established drugs for off-label use. Clinicians are often hesitant to prescribe drugs for purposes that are not approved by the FDA. One such compound that I’m currently interested in is [prazosin](https://en.wikipedia.org/wiki/Prazosin). It’s an alpha-adrenergic blocker that has been used for decades to treat essential hypertension. The Defense Department is actively investigating it for the treatment of sleep disorders in post-combat PTSD victims. Preliminary results are very encouraging—a significant number of patients in the treatment groups exhibit marked improvement in nocturnal awakenings and reduction of PTSD-induced nightmares. > > 6). The hypochondriac market. If you want antibiotics and antivirals, they are out there. It’s a big percentage of the market, and a lot of people stockpile them. I personally know a pharmacy technician who makes $15 an hour who raised enough money to buy two Quiznos franchises simply by making an annual trip to India and returning each time with a suitcase full of antibiotics. > > 7). Obtaining drugs for the treatment of erectile dysfunction. This is an area that I know essentially nothing about. I’ve mentioned it because ED drugs makes up a considerable bulk of offshore vendor discussion on message boards devoted to the OP-patronizing community. Entire blocks of sub-fora are sometimes allocated solely to the discussion of boner pills, where to get them, and identification of reliable vendors. It represents a very substantial share of the market, but I’m not well versed in the reasons why OP patrons prefer to avail themselves of these outlets rather than obtain them from practitioners in their area. > > 8). Obtaining purely experimental drugs. [NSI-189](https://en.wikipedia.org/wiki/NSI-189) and [ALT-711](https://en.wikipedia.org/wiki/Alagebrium) are examples of drugs which have never completed clinical trials and are purely experimental at this time. Both are somewhat difficult to obtain. Neuralstem, Inc. holds the patent on NSI-189 and is vigorously pursuing unlicensed vendors who distribute it. The experimental drug [Tirasemtiv](http://www.cytokinetics.com/ck2017357), a proposed treatment for ALS and other diseases that involve neuromuscular wasting, became available this week from a research chemical vendor in Hong Kong at a cost of $640/gram. Most of the interest in these compounds is generated by members of the antiaging community, who seek to use these drugs to decelerate the aging process or in some way augment their physiology to achieve an immediate short-term benefit such as increasing the efficacy of their natural immune systems or increasing athletic or intellectual performance. Good examples of other experimental substances which are currently ‘hot’ in this community are [Dihexa](https://news.wsu.edu/2012/10/11/prospective-alzheimer%C2%92s-drug-builds-new-brain-cell-connections/#.VbFyevkVRXs), [C60](http://www.kurzweilai.net/fullerene-c60-administration-doubles-rat-lifespan-with-no-toxicity) (buckminsterfullerene), and [Cerebrolysin](http://psychcentral.com/news/2013/02/03/new-drug-cerebrolysin-shows-promise-for-dementia/51116.html). > > I’ll stop here; I didn’t realize how an ambitious a project this would be. I could go on for pages and pages—this is just a glancingly superficial overview of the enormous Internet pharmaceutical market. I’m going to spend the next few days investigating legal issues surrounding the importation and use of offshore drugs. It’s a more complex matter than the responses so far generated suggest. Ironically, a concert violinist who buys propranolol from a Japanese pharmacy to improve his professional performance may be running more afoul of the law than a psychonaut who imports and uses a mescaline analogue solely for the purpose of getting high. As of right now, almost everything I’ve discussed is perfectly legal in the United States. Canadian and European laws are far more restrictive, and are about to become even harsher in the immediate future with the impending passage of the UK’s [Psychoactive Substances Bill](http://www.cph.org.uk/blog/the-new-psychoactive-substances-bill-a-quick-introduction/). Federal law in the United States appears to currently permit the importation of any unscheduled medicinal substance for personal use, but even the FDA’s own public service publications are internally contradictory on the issue. I’ll see if I can sort out a definitive answer to the OP’s original question and report back in few days or so. If there is any interest expressed, I will also compile a small resource list of known reliable vendors and discussion sites for those who want investigate the matter personally, omitting as much as possible information that facilities recreational use of medicinal and non-medicinal substances. To which I will add: 1. Obtaining drugs that are prescription-only but not scheduled, and are freely available in the U.S. for all sorts of perfectly legitimate, non-abusive medical purposes, but are available outside the U.S. (and you don’t even have to look as far as India) at a much, much lower cost than they are available in the U.S., even with insurance coverage. One small example: Advair (maintenance asthma drug) does not have a generic version available in the U.S., and costs about $300/month, depending on dosage. It is available in Canada either in a generic version for about 1/10 of what it costs in the U.S. for comparable dosage, or the brand-name by the same manufacturer as the U.S, brand name for about 1/6 of the U.S. price. 2. Similar to the above, but available OTC outside the U.S. at a fraction of the U.S. price: I recently bought a Ventolin (brand-name albuterol) inhaler legally, OTC, in Panama. It was manufactured in the U.S. and is sold freely in pretty much any pharmacy in Panama for about $8. The pharmacist told me the generic is a buck or so cheaper. The same medication, same dosage in the U.S. is no longer available in a generic version, and the brand-name costs $50 and up, even with insurance discounts IME. It’s the most basic rescue asthma medication there is. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [July 25, 2015, 12:43am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/33 "2015-07-25T00:43:11Z")
> [@Really\_Not\_All\_That\_Bright](#): > > In Florida, it would be [§499.03, Fla. Stat.](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0499/Sections/0499.03.html) There is largely identical legislation in effect in any US state. Well I don’t know about that, from a cursory reading of the linked statutes it appears in Florida it is illegal to possess OTC medication not in its original packaging!(correct me if I am wrong). But thanks for bringing this Florida law to my attention(obviously I can’t know the laws of all 50 states). Broadly reading it I’m curious if this law would not be ruled too vague, it would seem to make even possession of OTC supplements found in any GNC illegal but it would hinge on the terms: > [@](#): > > (33) “New drug” means: > (a) Any drug the composition of which is such that the drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling of that drug; or > (b) Any drug the composition of which is such that the drug, as a result of investigations to determine its safety and effectiveness for use under certain conditions, has been recognized for use under such conditions, but which drug has not, other than in those investigations, been used to a material extent or for a material time under such conditions. Are non-prescription supplements and nootropics illegal to possess in Florida? As already mentioned it is possible for a substance to be scheduled in a state when it is not federally, although they are largely harmonious. ---
**Author:** ![Disgruntled\_Penguin](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@Disgruntled\_Penguin](https://boards.straightdope.com/u/Disgruntled_Penguin)\ **Post date:** [July 25, 2015, 1:04am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/34 "2015-07-25T01:04:16Z")
> [@Wesley\_Clark](#): > > 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? Im not sure but I bet it’d be a Trumped up charge. ---
**Author:** ![Horatio\_Hellpop](https://avatars.discourse-cdn.com/v4/letter/h/e5b9ba/32.png) [@Horatio\_Hellpop](https://boards.straightdope.com/u/Horatio_Hellpop)\ **Post date:** [July 25, 2015, 1:55am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/35 "2015-07-25T01:55:39Z")
A friend of mine, American, was briefly jailed and summarily kicked out of Japan (she’d just gotten a job there as a teacher) for possessing Adderal without a prescription. She was clearly in violation of something there, but Adderal seems like an odd line to draw in the sand. Foreign countries are notoriously capricious about which laws they seriously enforce against outsiders. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [July 25, 2015, 1:59am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/36 "2015-07-25T01:59:53Z")
> [@Horatio\_Hellpop](#): > > A friend of mine, American, was briefly jailed and summarily kicked out of Japan (she’d just gotten a job there as a teacher) for possessing Adderal without a prescription. She was clearly in violation of something there, but Adderal seems like an odd line to draw in the sand. Foreign countries are notoriously capricious about which laws they seriously enforce against outsiders. I’d say she got LUCKY, look up USA state or federal sentencing guidelines for possessing a schedule 2 drug without a RX. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [July 25, 2015, 3:53am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/37 "2015-07-25T03:53:04Z")
> [@Eva\_Luna](#): > > 1. Similar to the above, but available OTC outside the U.S. at a fraction of the U.S. price: I recently bought a Ventolin (brand-name albuterol) inhaler legally, OTC, in Panama. It was manufactured in the U.S. and is sold freely in pretty much any pharmacy in Panama for about $8. The pharmacist told me the generic is a buck or so cheaper. The same medication, same dosage in the U.S. is no longer available in a generic version, and the brand-name costs $50 and up, even with insurance discounts IME. I can even beat that! 🙂 How does $4.73 a can grab you? Free shipping if you buy 53 of them. At that price, you can blow up party balloons with the stuff. It’s the real deal, too. I’ve been ordering from them for years and have never gotten bunk product. Even if their stuff _weren’t_ astronomically cheaper, I’d still rather give my money to Cipla than to American Big Pharma. Cipla’s gross revenue is only about $650 million a year, which would be a duck fart in a thunderstorm to Merck or Pfizer, but they’ve still managed to donate over a billion dollars to finance public health efforts in India. ---
**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\ **Post date:** [July 25, 2015, 3:59am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/38 "2015-07-25T03:59:37Z")
> [@Washoe](#): > > I can even beat that! 🙂 How does $4.73 a can grab you? Free shipping if you buy 53 of them. At that price, you can blow up party balloons with the stuff. It’s the real deal, too. I’ve been ordering from them for years and have never gotten bunk product. Even if their stuff _weren’t_ astronomically cheaper, I’d still rather give my money to Cipla than to American Big Pharma. Cipla’s gross revenue is only about $650 million a year, which would be a duck fart in a thunderstorm to Merck or Pfizer, but they’ve still managed to donate over a billion dollars to finance public health efforts in India. Locally generic albuterol inhalers are $2.50 USD at retail, do I win?😛 ---
**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 25, 2015, 4:25am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/39 "2015-07-25T04:25:56Z")
> [@Horatio\_Hellpop](#): > > A friend of mine, American, was briefly jailed and summarily kicked out of Japan (she’d just gotten a job there as a teacher) for possessing Adderal without a prescription. She was clearly in violation of something there, but Adderal seems like an odd line to draw in the sand. Foreign countries are notoriously capricious about which laws they seriously enforce against outsiders. Adderall is a schedule II amphetamine, it is the same legal status as oxycontin or methamphetamine. The (vast) majority of prescription drugs are not scheduled. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [July 25, 2015, 4:33am UTC](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545/40 "2015-07-25T04:33:45Z")
> [@grude](#): > > Locally generic albuterol inhalers are $2.50 USD at retail, do I win?😛 Seriously? :eek: What country are you in? [Previous page](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545.md?page=1) [Next page](https://boards.straightdope.com/t/legality-of-possession-of-a-non-controlled-rx-drug-w-o-a-prescription/725545.md?page=3)