USPS Mailing Regulations - re: drugs

[caphis]

Prompted by this thread, I perused the USPS shipping guidelines and noticed that

11.2Mailing Standards

If distribution of a controlled substance is lawful under 21 USC 801, et seq., and any implementing regulation in 21 CFR 1300, et seq., the USPS considers such distribution by mail to constitute the mailing of matter not outwardly or of its own force dangerous or injurious to a person’s life or health and accordingly mailable, subject to these standards:

a. The inner container of any package containing controlled substances is marked and sealed under the applicable provisions of the Controlled Substances Act (21 USC 801, et seq., and any implementing regulation in 21 CFR 1300, et seq.) and placed in a plain outer mailing container or securely overwrapped in plain paper.

b. If the mailing includes prescription drugs containing controlled substances, the inner container is also labeled to show the prescription number and the name and address of the pharmacy, practitioner, or other person dispensing the prescription.

c. The outer mailing wrapper or container is free of markings that indicate the nature of the content.

Okay, so, Rx drugs are fine to mail, as long as they’re marked appropriately. Then, I go on to read that

19.1Abortion Devices

Any article or thing designed, adapted, or intended for producing abortion is not permitted in the mail (18 USC 1461).

Wait, ok, so what about Rxs for abortive medications? Prescription drugs are fine – but you can’t mail anything designed for producing abortion?

On a (slightly) similar note, does this also mean that one can not mail coat hangers through the USPS?

[Q.E.D]

@caphis

Okay, so, Rx drugs are fine to mail, as long as they’re marked appropriately.

Careful there. It’s not merely a question of appropriate marking. In order for distribution of a controlled substance to be lawful under 21 USC 801, et seq., et al, you still need a bunch of permits and such. It’s not fine for private individuals to mail prescription drugs. FYI.

[caphis]

Regardless, the question remains for companies and doctors who are licensed to distribute prescription drugs through the mail.

[RM_Mentock]

Prescription drugs are not controlled substances, in most cases.

[caphis]

@RM Mentock

Prescription drugs are not controlled substances, in most cases.

Hmm. So, this only applies to prescription drugs that contain controlled substances, and the mailing of other prescription drugs is not restricted?

And re- the “no abortive products,” does that, indeed, rule out mailing coat hangers and the like?

[Q.E.D]

@caphis

Hmm. So, this only applies to prescription drugs that contain controlled substances, and the mailing of other prescription drugs is not restricted?

Upon further research, it would appear not, but damned if I’m gonna read through all of 21 CFR 1300, et seq. to find out for sure.

@caphis

And re- the “no abortive products,” does that, indeed, rule out mailing coat hangers and the like?

I wouldn’t think so. The referenced US Code title, 18 USC 1461, reads in part:

Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose…Is declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.

So, presription or nonprescription drugs or controlled substances which are intended for abortion are out, but a coat hanger would probably be fine, unless it included instructions for using it as an abortion tool, or were labelled to be used as such.

[RM_Mentock]

@caphis

Hmm. So, this only applies to prescription drugs that contain controlled substances,

Yes

and the mailing of other prescription drugs is not restricted?

No, there are other restrictions. See [url=“http://www.usps.com/cpim/ftp/pubs/pub52.htm”]:

483.2 Drugs (Other Than Controlled Substances)
All prescription, nonprescription, and patent medicines and related items, including solicited and unsolicited samples of such items, that are not considered to be controlled substances under 481.1 are permitted to be mailed as follows:
a. For prescription medicines containing a nonnarcotic drug(s), the mailer must be a registered practitioner or dispenser mailing to the ultimate user.

Etc.

And re- the “no abortive products,” does that, indeed, rule out mailing coat hangers and the like?

That was a joke. Coat hangers were not “designed, adapted, or intended for producing abortion,” although you might adapt one.