The CSA Provides a Personal Use Exemption for Controlled Substances Purchased Abroad. Does the Exemption Apply to Controlled Substances Bought from a Foreign Internet Site?


This question and answer copyed from
DEA Web Site

The Controlled Substances Act and DEA regulations allow you a personal use exemption to bring a limited quantity of controlled substances into the U.S. for your use only when you bring the controlled substances across the U.S. border in your possession 21 U.S.C. 956, 21 CFR 1301.26. It does not apply to controlled substances being shipped into the U.S. Purchasing controlled substances on the Internet and having them shipped to you in the U.S. is not permitted by the personal use exemption. Such purchases and shipments would be considered "imports" of the controlled substance even if the substance is for your personal use. Unless you are registered as an importer and in compliance with the requirements, such shipments are illegal and subject to seizure.

I have a friend in Belize coming back soon. We are looking into the idea of her bringing back a quantity of 50 Lortab 10mgs for me, as I get them from my docs here in the states on an irregular basis, aka "feast and famine". Will she get into trouble for doing this or does the exemption have her covered provided it's in the original container, supply doesn't exceed 50 pills, and she declares it? Are the Rules different for driving across and flying across into the States? I am a sufferer of chronic back pain and these would be so helpful, but not at the risk of getting a close friend in trouble. Any thoughts?

I am sorry to be the harbinger of cold reality, but that seems to be my lot lately.

She WILL get into trouble for the simple reason that this "personal use exemption" is nothing more than a very dangerous urban myth. It simply does not exist. Unless you have a DEA import/export license for controlled substances in schedules II-V, it is a felony to import ANY amount of a scheduled substance into the United States. Period. End of sentence. There are NO EXEMPTIONS for personal use and haven't been since 2000. Please tell her not to attempt to import the 50 Lortab 10mgs into the country. If she is caught she might be facing up to 10 years in federal prison. There is NO PERSONAL USE EXEMPTION FOR ANYTHING!

However, I am of the firm opinion that there should be a 10 year sentence in the bottom of an outhouse for whoever keeps spreading this misinformation (read: lies) and getting people into trouble with the Federal government.

It's not an urban myth. Below is the link from Customs on medication. Over 50 requires a DEA license, 50 units and under is OK.

I live in a state that borders Mexico and it is perfectly legal to walk across the border and walk back with 50 valium tablets or tylenol #3.

Border guards occasionaly like to rewrite the Rules themselves, just ask to speak to a supervisor and they waive you on through.

Lots of Europeans enter this country with their OTC tylenol with codeine, and US citizens can do the same at any port of entry. It is not legal to have it shipped to you. It is only what you are carrying when you enter the country.

http://www.cbp.gov/xp/cgov/travel/vacation/kbyg/prohibited_restricted.xml#Medication

So I got two folks with two different stories....can either of you offer evidence to support your statement? The decision is hers untimately, but I want her to make an educated desicion. I even read the customs and dea websites, so what experience makes you say differently MoodyBlue? I promise I'm not being rude, I just want to do this safely or not at all.

If you want further info:
For specifics about importing controlled substances, call (202) 307-9932. For additional information about traveling with medication, contact your nearest FDA office or write to the U.S. Food and Drug Administration, Division of Import Operations and Policy, Room 12-8 (HFC-170), 5600 Fishers Lane, Rockville, MD 20857.

From reading the links mentioned it seems as if you have to be the one bringing in the original prescription, in the original pill container, prescribed by a licensed doctor in the USA.

Sec. 1301.26 Exemptions from import or export requirements for
personal medical use.

Any individual who has in his/her possession a controlled substance
listed in schedules II, III, IV, or V, which he/she has lawfully
obtained for his/her personal medical use, or for administration to an
animal accompanying him/her, may enter or depart the United States with
such substance notwithstanding sections 1002-1005 of the Act (21 U.S.C.
952-955), provided the following conditions are met:
(a) The controlled substance is in the original container in which
it was dispensed to the individual; and
(b) The individual makes a declaration to an appropriate official
of the Bureau of Customs and Border Protection stating:
(1) That the controlled substance is possessed for his/her personal
use, or for an animal accompanying him/her; and
(2) The trade or chemical name and the symbol designating the
schedule of the controlled substance if it appears on the container
label, or, if such name does not appear on the label, the name and
address of the pharmacy or practitioner who dispensed the substance and
the prescription number.
(c) In addition to (and not in lieu of) the foregoing requirements
of this section, a United States resident may import into the United
States no more than 50 dosage units combined of all such controlled
substances in the individual's possession that were obtained abroad for
personal medical use. (For purposes of this section, a United States
resident is a person whose residence (i.e., place of general abode--
meaning one's principal, actual dwelling place in fact, without regard
to intent) is in the United States.) This 50 dosage unit limitation
does not apply to controlled substances lawfully obtained in the United
States pursuant to a prescription issued by a DEA registrant.

Dated: September 1, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-20628 Filed 9-13-04; 8:45 am]

This is a portion of a larger document contained in this link -

http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-20628.htm

Just do a google search on 21 U.S.C. 956, 21 CFR 1301.26 to find numerous similar documents.

It is still quite illegal to bring in a substance that is not legal in the US, such as date rape drug, etc. But a drug purchased legally in a foreign country, that is for personal use, can be brought into the US, provided the quantity is under 50.

I've walked across the Mexican US border with 50 xanax, declared them, and continued on.

As much as the DEA doesn't like it, it is legal. I can also bring back Canadian OTC tylenol with codeine on the northern border.

Over 50 requires a DEA license, and it does not apply to drugs being shipped. Just what you are carrying when you cross into the US from outside the country.

Thank you for the clarification sam001. Very good info and pointers!

The spirit of the law is to let people travel with their meds. To let people with valid prescriptions - people that obtained their prescription drugs in a legal waay - enter and leave the US with the meds they need...

I thought that exemption DID exist years ago. Never knew it was a myth. This place is a wealth of information!