What’s the law regarding out-of-state purchases? Can a person from Idaho walk in and legally buy the birth control even though in their home state, it’s still prescription-only? If a person in Massachusetts tries to buy it online and have it shipped to them even though in their state it’s still prescription-only, is that legal?
It will certainly be legal to purchase in Oregon, however a crime will be committed if you transport the prescription across the border. Idaho already has something of an infrastructure for this as they require Idaho sales tax to be charged when their citizens make purchases in Oregon (which has no sales tax). They’ll cruise by auto dealerships or pot dispensories (for examples) and look for Idaho plates on your rig.
It doesn’t even sound as if you’d need to give an ID unless you are a “teen” not sure how they define that for this law and need to have a previous doctor’s prescription. Even if they require ID, I’d think it would likely be unconstitutional (interstate commerce) to refuse to service out-of-state residents. I suppose you could have onerous ID laws they couldn’t meet.
On the other hand, it does sound like you need to appear in person to get it so internet sales might not even be possible. A trickier question is can an Oregonian send it to her sister in another state. That is quite likely illegal, but would be very hard to enforce.
How can this be true. Is an Oregonian citizen not allowed to take her own prescription across the border when traveling? I can understand enforcing it on pot which is illegal Idaho and liquor which does have special interstate rules, but the possession of contraceptives is not illegal.
The sales/use tax is generally only required to be reported and paid later not as you cross the border.
Let’s be careful here. Birth control would become an OTC drug in Oregon. This means that it would not be a prescription. If the Oregon resident did not have a prescription, it might be illegal to possess a drug that requires a prescription in another state.
Also, the OP specifies “a person from Idaho”. I’m not sure about a person from Oregon just spending a few days in Idaho, my sense is that they could be subject to possession of a control substance charges if caught. This is about transporting a drug into a "prescription-only " state without a prescription.
I’m not against answers to any related questions. I hadn’t even thought of the position of an Oregon native vacationing in a prescription-only state for an extended period. I hope people wouldn’t get arrested for that!
Discretion … keep it low key and nothing’s likely to happen … flaunt it and something will likely happen. Just let the policeman sit there and eat his doughnut and nobody gets hurt.
The law in Idaho that requires a prescription for birth control. Consider medical marijuana, this is lawful in Oregon … you cross the border into Idaho, it’s now a felony.
Just because a prescription is required does not mean it is a crime not to have it. In my state of NC, a prescription is required to dispense or buy prescription drugs, but it is not illegal to possess non-controlled prescription drugs without one. I would be very surprised if it was a felony to possess birth control pills in Idaho without a prescription, given that the possession of small amounts of some scheduled drugs is only a misdemeanor.