Importing of a drug is not as some would say it to be. There are publications that imply a person can legally purchase a medication over sea's that they could get within the USA had they gotten a prescription. But for the sake of a cheaper price the hook is buy over sea's. This is not true. Most are cheap "counterfeit drugs" Title 21 U.S.C. 321(g)(2) of a commercial version sold in the USA. And normally when found entering the USA a agency suchas the US Customs Service following Federal laws an/or a Act of congress suchas the "Federal Food, Drug, and Cosmetic Act" will seize the shipment.
If a "medication", lets say for example, the popular drug "viagra", is for sale and provided by a company "over sea's". A person does not have the right to purchase using a over sea's company this medication and import it without a prescription. This notion has nothing to do with the much talked about "personal-use" import policy the FDA developed a few years previously.
FDA has developed guidance entitled "Coverage of Personal Importations" which covers the policy. There is a difference between a "drug" and a "medication" (medicine). Reference Title 21, USC § 321, (g)(1) and (p). A drug being that of a unproved drug (reference Title 21, § 321 (2)) which may be a prescription in another country, but of which hasn't been through the FDA screening process. The below refers to the word "smart drug". Which is a group of drugs purchased often by healthy individuals seeking enhancement of memory, stamina, performance etc. These are the same types of intent and purpose which shipments are normally seized under the FDC Act as previously stated. But some of these "smart drugs" are also the same listed above as possible treatments. So the problem is making sure a medication that is ordered and imported is not mistaken for a "smart drug". Meaning, it was ordered for treating a valid condition. And not for recreational purposes.
"...Laws affecting "smart" drugs are less complicated. The promotion or sale of drugs for purposes not approved in the United States is illegal. Unproved medications used as "smart" drugs typically make their way into the United States through an abuse of FDA's "personal use" import policy. FDA permits individuals to bring into this country small amounts of drugs for "personal use" when the drugs are sold in foreign countries but not in the United States. However, the drugs must not pose any unreasonable health risks, and must be used to treat a serious condition for which there is no approved treatment here. Permissible personal-use quantities generally do not exceed a three-month supply....." Reference click here (Note: READ the "entire" section at the link provided)
A further note on the above is a possible misleading statement I believe.
"...to treat a serious condition for which there is no approved treatment
here...." Again, this is not legal advice.
But the history behind the policy is when many persons with AIDS traveled abroad to seek alternative treatments for the disease. There are treatments within the USA. This is not meant to be a legal reasoning. However the idea would appear to rather mean "to treat a serious condition for which there is no *satisfactory* treatment". i.e. the treatment is not working. And all other options have failed thus far etc. But again to ensure this thinking is correct, seek legal advice on the matter.
The below link is to help provide another point of view on this subject
other than this articles.
I feel for the most part it is good reference point for further research. However, I do not agree
with all the statements contained therein however. The spirit of this entire article is for those who have a medical need for "alternative" treatments. Please keep that idea in mind while reviewing this or any link that is provided herein. Reference link, click here
You may have narcolepsy, or another disease, disorder, condition. A
person with a legitiment
medical need could still have their shipment seized by the US Customs anyway. Even if Federal Exemptions and considerations for certain drugs have been met, there are many reasons why.
A drug normally would need to meet the meaning of "safe" under Title 21, § 353 (u).
And not pose a unreasonable (health) risk to the public.
"...In deciding whether to exercise discretion to allow personal shipments of drugs or devices, FDA personnel may consider a more permissive policy in the following situations:
1. when the intended use is appropriately identified, such use is not for treatment of a serious condition, and the product is not known to represent a significant health risk; or
2. when a) the intended use is unapproved and for a serious condition
for which effective treatment may not be available domestically either
through commercial or clinical means; b) there is no known commercialization
or promotion to persons residing in the U.S. by those involved in the distribution
of the product at issue; c) the product is considered not to represent
an unreasonable risk; and d) the individual seeking to import the product
affirms in writing that it is for the patient's own use (generally not
more than 3 month supply)and provides the name
and address of the doctor licensed in the U.S. responsible for his or her
treatment with the product,(note, see
my notes to you on this sentense below) or provides evidence that
the product is for the continuation of a treatment begun in a foreign country.
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