Is It Iegal to Obtain Controlled Substances From the Net?

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#186775 - 06/15/05 12:55 PM Is It Iegal to Obtain Controlled Substances From the Net?
Administrator Administrator GRAND Pooh-Bah Registered: 11/18/01 Posts: 6368 Loc: DrugBuyers.Com	This is the answer given by the DEA (drug Ebforcement Agency) and the USDOJ... http://www.usdoj.gov/dea/illegal_internet.html Quote: Is It Illegal to Obtain Controlled Substances From the Internet? For a prescription to be valid under federal and state law, there must be a bona fide doctor patient relationship, which is defined by most state laws to require a physical examination. “Completing a questionnaire that is then reviewed by a doctor hired by the internet pharmacy could not be considered the basis for a doctor/patient relationship.” Vol. 66 Federal Register 82, PP 21181-21184 (April 27, 2001) Moreover, if the prescription drug is a controlled substance and the drug is being imported into the U.S. from a foreign country and being shipped to anyone other than a DEA-registered importer, such transaction is a felony in violation of Sections 957 and 960 of Title 21, United States Code. http://www.usdoj.gov/dea/pubs/csa/957.htm Quote: CITE- 21 USC Sec. 957 01/22/02 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 13 - drug ABUSE PREVENTION AND CONTROL SUBCHAPTER II - IMPORT AND EXPORT -HEAD- Sec. 957. Persons required to register -STATUTE- (a) Coverage No person may - (1) import into the customs territory of the United States from any place outside thereof (but within the United States), or import into the United States from any place outside thereof, any controlled substance or list I chemical, or (2) export from the United States any controlled substance or list I chemical, unless there is in effect with respect to such person a registration issued by the Attorney General under section 958 of this title, or unless such person is exempt from registration under subsection (b) of this section. (b) Exemptions (1) The following persons shall not be required to register under the provisions of this section and may lawfully possess a controlled substance or list I chemical: (A) An agent or an employee of any importer or exporter registered under section 958 of this title if such agent or employee is acting in the usual course of his business or employment. (B) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance or list I chemical is in the usual course of his business or employment. (C) An ultimate user who possesses such substance for a purpose specified in section 802(25) (FOOTNOTE 1) of this title and in conformity with an exemption granted under section 956(a) of this title. (FOOTNOTE 1) See References in Text note below. (2) The Attorney General may, by regulation, waive the requirement for registration of certain importers and exporters if he finds it consistent with the public health and safety; and may authorize any such importer or exporter to possess controlled substances or list I chemicals for purposes of importation and exportation. -SOURCE- (Pub. L. 91-513, title III, Sec. 1007, Oct. 27, 1970, 84 Stat.1288; Pub. L. 98-473, title II, Sec. 523, Oct. 12, 1984, 98 Stat. 2076; Pub. L. 103-200, Sec. 3(e), Dec. 17, 1993, 107 Stat. 2337.) -REFTEXT- REFERENCES IN TEXT Section 802(25) of this title, referred to in subsec. (b)(1)(C), was redesignated section 802(26) of this title by Pub. L. 98-473, title II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was further redesignated section 802(27) of this title by Pub. L. 99-570, title I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6. -MISC2- AMENDMENTS 1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 3(e)(1)(A), inserted ''or list I chemical'' after ''controlled substance''. Subsec. (a)(2). Pub. L. 103-200, Sec. 3(e)(1)(B), substituted ''or list I chemical,'' for ''in schedule I, II, III, IV, or V,''. Subsec. (b)(1). Pub. L. 103-200, Sec. 3(e)(2)(A), inserted ''or list I chemical'' after ''controlled substance'' in introductory provisions and subpar. (B). Subsec. (b)(2). Pub. L. 103-200, Sec. 3(e)(2)(B), inserted ''or list I chemicals'' after ''controlled substances''. 1984 - Subsec. (a)(2). Pub. L. 98-473 inserted reference to schedule V. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as a note under section 802 of this title. PROVISIONAL REGISTRATION Section 1104 of Pub. L. 91-513, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ''(a)(1) Any person - ''(A) who is engaged in importing or exporting any controlled substance on the day before the effective date of section 1007 (May 1, 1971), ''(B) who notifies the Attorney General that he is so engaged, and ''(C) who is registered on such day under section 510 of the Federal Food, drug, and Cosmetic Act (section 360 of this title) or under section 4722 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954, section 4722 of title 26), shall, with respect to each establishment for which such registration is in effect under any such section, be deemed to have a provisional registration under section 1008 (section 958 of this title) for the import or export (as the case may be) of controlled substances. ''(2) During the period his provisional registration is in effect under this section, the registration number assigned such person under such section 510 or under such section 4722 (as the case may be) shall be his registration number for purposes of part A of this title (this subchapter). ''(b) The provisions of section 304 (section 824 of this title), relating to suspension and revocation of registration, shall apply to a provisional registration under this section. ''(c) Unless sooner suspended or revoked under subsection (b), a provisional registration of a person under subsection (a)(1) of this section shall be in effect until - ''(1) the date on which such person has registered with the Attorney General under section 1008 (section 958 of this title) or has had his registration denied under such section, or ''(2) such date as may be prescribed by the Attorney General for registration of importers or exporters, as the case may be, whichever occurs first.'' http://www.usdoj.gov/dea/pubs/csa/960.htm Quote: CITE- 21 USC Sec. 960 01/22/02 -EXPCITE- TITLE 21 - FOOD AND DRUGS CHAPTER 13 - drug ABUSE PREVENTION AND CONTROL SUBCHAPTER II - IMPORT AND EXPORT -HEAD- Sec. 960. Prohibited acts A -STATUTE- (a) Unlawful acts Any person who - (1) contrary to section 952, 953, or 957 of this title, knowingly or intentionally imports or exports a controlled substance, (2) contrary to section 955 of this title, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or (3) contrary to section 959 of this title, manufactures, possesses with intent to distribute, or distributes a controlled substance, shall be punished as provided in subsection (b) of this section. (b) Penalties (1) In the case of a violation of subsection (a) of this section involving - (A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; (B) 5 kilograms or more of a mixture or substance containing a detectable amount of - (i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 50 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; (D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (F) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl )-4-piperidinyl ) propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-pheny propanamide; (G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or (H) 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period probably should be a semicolon. the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. Any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. (2) In the case of a violation of subsection (a) of this section involving - (A) 100 grams or more of a mixture or substance containing a detectable amount of heroin; (B) 500 grams or more of a mixture or substance containing a detectable amount of - (i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 5 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; (D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); (F) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl ) -4-piperidinyl ) propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-pheny ropanamide; (G) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or (H) 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers. (FOOTNOTE 2) (FOOTNOTE 2) So in original. The period probably should be a semicolon. the person committing such violation shall be sentenced to a term of imprisonment of not less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposed under this paragraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. (3) In the case of a violation under subsection (a) of this section involving a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape drug Prohibition Act of 2000), or flunitrazepam, the person committing such violation shall, except as provided in paragraphs (1), (2), and (4), be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence. (4) In the case of a violation under subsection (a) of this section with respect to less than 50 kilograms of marihuana, except in the case of 100 or more marihuana plants regardless of weight, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, (FOOTNOTE 3) (except a violation involving flunitrazepam and except a violation involving gamma hydroxybutyric acid) the person committing such violation shall be imprisoned not more than five years, or be fined not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall, in addition to such term of imprisonment, include (A) a term of supervised release of not less than two years if such controlled substance is in schedule I, II, III, or (B) a term of supervised release of not less than one year if such controlled substance is in schedule IV. (FOOTNOTE 3) So in original. (c) Repealed. Pub. L. 98-473, title II, Sec. 225, formerly Sec. 225(a), Oct. 12, 1984, 98 Stat. 2030, as amended by Pub. L. 99-570, title I, Sec. 1005(c), Oct. 27, 1986, 100 Stat. 3207-6 (d) Penalty for importation or exportation A person who knowingly or intentionally - (1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this subchapter or subchapter I of this chapter; (2) exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical, if the transaction is in violation of the laws of the country to which the chemical is exported; (3) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of this subchapter or subchapter I of this chapter; (4) exports a listed chemical, or serves as a broker or trader for an international transaction involving a listed chemical, knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (5) imports or exports a listed chemical, with the intent to evade the reporting or recordkeeping requirements of section 971 of this title applicable to such importation or exportation by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement granted pursuant to section 971(e)(2) or (3) of this title by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; (6) imports or exports a listed chemical in violation of section 957 or 971 of this title; or (7) manufactures, possesses with intent to distribute, or distributes a listed chemical in violation of section 959 of this title. (FOOTNOTE 4) (FOOTNOTE 4) So in original. The period probably should be a comma. shall be fined in accordance with title 18, imprisoned not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical, or both. -SOURCE- (Pub. L. 91-513, title III, Sec. 1010, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 98-473, title II, Sec. 225, formerly Sec. 225(a), 504, Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570, title I, Sec. 1004(a), 1005(c), 1302, 1866(e), Oct. 27, 1986, 100 Stat. 3207-6, 3207-15, 3207-55; Pub. L. 100-690, title VI, Sec. 6053(c), 6475, Nov. 18, 1988, 102 Stat. 4315, 4380; Pub. L. 101-647, title XII, Sec. 1204, title XXXV, Sec. 3599J, Nov. 29, 1990, 104 Stat. 4830, 4932; Pub. L. 103-200, Sec. 4(b), 5(b), Dec. 17, 1993, 107 Stat. 2338, 2339; Pub. L. 103-322, title IX, Sec. 90105(a), title XXXIII, Sec. 330024(d)(2), Sept. 13, 1994, 108 Stat. 1987, 2151; Pub. L. 104-237, title I, Sec. 102(c), title III, Sec. 302(b), Oct. 3, 1996, 110 Stat. 3100, 3105; Pub. L. 104-305, Sec. 2(b)(2)(B), (C), Oct. 13, 1996, 110 Stat. 3807; Pub. L. 105-277, div. E, Sec. 2(b), Oct. 21, 1998, 112 Stat. 2681-759; Pub. L. 106-172, Sec. 3(b)(2), Feb. 18, 2000, 114 Stat. 9.) -REFTEXT- REFERENCES IN TEXT Schedules I, II, III, IV, and V, referred to in subsec. (b), are set out in section 812(c) of this title. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. (b)(3), is section 3(a)(1)(B) of Pub. L. 106-172, which is set out in a note under section 812 of this title. -MISC2- AMENDMENTS 2000 - Subsec. (b)(3). Pub. L. 106-172, Sec. 3(b)(2)(A), inserted ''gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape drug Prohibition Act of 2000),'' after ''schedule I or II,'' in first sentence. Subsec. (b)(4). Pub. L. 106-172, Sec. 3(b)(2)(B), substituted ''flunitrazepam and except a violation involving gamma hydroxybutyric acid)'' for ''flunitrazepam)''. 1998 - Subsec. (b)(1)(H). Pub. L. 105-277, Sec. 2(b)(1), substituted ''50 grams'' and ''500 grams'' for ''100 grams'' and ''1 kilogram'', respectively. Subsec. (b)(2)(H). Pub. L. 105-277, Sec. 2(b)(2), substituted ''5 grams'' and ''50 grams'' for ''10 grams'' and ''100 grams'', respectively. 1996 - Subsec. (b)(3). Pub. L. 104-305, Sec. 2(b)(2)(B), inserted ''or flunitrazepam,'' after ''schedule I or II,''. Subsec. (b)(4). Pub. L. 104-305, Sec. 2(b)(2)(C), inserted ''(except a violation involving flunitrazepam)'' after ''schedule III, IV, or V,''. Subsec. (d). Pub. L. 104-237, Sec. 302(b), in closing provisions, substituted ''not more than 20 years in the case of a violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I chemical,'' for ''not more than 10 years,''. Subsec. (d)(7). Pub. L. 104-237, Sec. 102(c), added par. (7). 1994 - Subsec. (b)(1), (2). Pub. L. 103-322, Sec. 90105(a), in sentence in concluding provisions beginning ''If any person commits'', substituted ''a prior conviction for a felony drug offense has become final'' for ''one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final''. Subsec. (b)(3). Pub. L. 103-322, Sec. 90105(a), in sentence beginning ''If any person commits'', substituted ''a prior conviction for a felony drug offense has become final'' for ''one or more prior convictions for an offense punishable under this subsection, or for a felony under any other provision of this subchapter or subchapter I of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final''. Subsec. (d)(5), (6). Pub. L. 103-322, Sec. 330024(d)(2), amended directory language of Pub. L. 103-200, Sec. 5(b)(3). See 1993 Amendment note below. 1993 - Subsec. (d). Pub. L. 103-200, Sec. 5(b), as amended by Pub. L. 103-322, Sec. 330024(d)(2), added pars. (5) and (6). Pub. L. 103-200, Sec. 4(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ''Any person who knowingly or intentionally - ''(1) imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this subchapter or, in the case of an exportation, in violation of the law of the country to which the chemical is exported; or ''(2) imports or exports a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance in violation of this subchapter or, in the case of an exportation, in violation of the law of the country to which the chemical is exported; shall be fined in accordance with title 18, or imprisoned not more than 10 years, or both.'' 1990 - Subsec. (b)(1)(H). Pub. L. 101-647, Sec. 1204(a), added subpar. (H). Subsec. (b)(2). Pub. L. 101-647, Sec. 3599J, substituted ''supervised'' for ''suspervised'' in two places in concluding provisions. Subsec. (b)(2)(H). Pub. L. 101-647, Sec. 1204(b), added subpar.(H). 1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 6475, substituted ''manufactures, possesses with intent to distribute, or distributes a controlled substance'' for ''manufactures or distributes a controlled substance''. Subsec. (d). Pub. L. 100-690, Sec. 6053(c), added subsec. (d). 1986 - Pub. L. 99-570, Sec. 1005(c), amended Pub. L. 98-473, Sec. 225. See 1984 Amendment note below. Subsec. (b)(1), (2). Pub. L. 99-570, Sec. 1302(a)(2), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: ''(1) In the case of a violation under subsection (a) of this section involving - ''(A) 100 grams or more of a mixture or substance containing a detectable amount of a narcotic drug in schedule I or II other than a narcotic drug consisting of - ''(i) coca leaves; ''(ii) a compound, manufacture, salt, derivative, or preparation of coca leaves; or ''(iii) a substance chemically identical thereto; ''(B) a kilogram or more of any other narcotic drug in schedule I or II; ''(C) 500 grams or more of phencyclidine (PCP); ''(D) 5 grams or more of lysergic acid diethylamide (LSD); the person committing such violation shall be imprisoned for not more than twenty years, or fined not more than $250,000, or both. ''(2) In the case of a violation under subsection (a) of this section with respect to a controlled substance in schedule I or II, the person committing such violation shall, except as provided in paragraphs (1) and (3), be imprisoned not more than fifteen years, or fined not more than $125,000, or both. If a sentence under this paragraph provides for imprisonment, the sentence shall include a special parole term of not less than three years in addition to such term of imprisonment.'' Subsec. (b)(3). Pub. L. 99-570, Sec. 1302(a)(2), added par. (3).Former par. (3) redesignated (4). Subsec. (b)(4). Pub. L. 99-570, Sec. 1302(a)(1), (3), (b)(2), (3), redesignated former par. (3) as (4), inserted ''except in the case of 100 or more marihuana plants regardless of weight,'' and substituted ''fined not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual'' for ''fined not more than $50,000''. Pub. L. 99-570, Sec. 1302(b)(1), 1866(e), made identical amendment striking out '', except as provided in paragraph (4)'' after ''such violation shall''. Pub. L. 99-570, Sec. 1004(a), substituted ''term of supervised release'' for ''special parole term'' in two places. Subsec. (c). Pub. L. 99-570, Sec. 1004(a), substituted ''term of supervised release'' for ''special parole term'' wherever appearing, effective Nov. 1, 1987, the effective date of the repeal of subsec. (c) by Pub. L. 98-473, Sec. 225. See 1984 Amendment note below. 1984 - Subsec. (b). Pub. L. 98-473, Sec. 225(a), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 98-473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was omitted in the general amendment of section 225 of Pub. L. 98-473 by Pub. L. 99-570, Sec. 1005(c). Subsec. (b)(1). Pub. L. 98-473, Sec. 504(1), added par. (1). Former par. (1) redesignated (2). Subsec. (b)(2). Pub. L. 98-473, Sec. 504(1), (2), redesignated former par. (1) as (2), inserted provisions excepting pars. (1) and (3), and substituted reference to controlled substance for reference to narcotic drug, and ''$125,000'' for ''$25,000''. Former par. (2) redesignated (3). Subsec. (b)(3). Pub. L. 98-473, Sec. 504(1), (3), redesignated former par. (2) as (3) and substituted ''less than 50 kilograms of marihuana, less than 10 kilograms of hashish, less than one kilogram of hashish oil, or any quantity of a controlled substance in schedule III, IV, or V, the person committing such violation shall, except as provided in paragraph (4)'' for ''a controlled substance other than a narcotic drug in schedule I or II, the person committing such violation shall'', and ''$50,000'' for ''$15,000''. Subsec. (c). Pub. L. 98-473, Sec. 225, as amended by Pub. L. 99-570, Sec. 1005(c), struck out subsec. (c) which related to special parole terms imposed under this section or section 962 of this title. Notwithstanding directory language that the amendment be made to ''Section 1515 of the Controlled Substances Import and Export Act (21 U.S.C. 960)'', the amendment was executed to this section as the probable intent of Congress. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 330024(d)(2) of Pub. L. 103-322 effective 120 days after Dec. 17, 1993, see section 330024(f) of Pub. L. 103-322, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6053(c) of Pub. L. 100-690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100-690, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1004(a) of Pub. L. 99-570 effective on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set out as a note under section 841 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 225 of Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 848, 962, 1710 of this title; title 5 section 3113; title 18 sections 36, 3553, 3559, 5032; title 28 section 994; title 46 App. section 1903. Edited by Administrator (05/29/08 09:46 AM) Edit Reason: added section 957 and 960... _________________________ >>> I welcome all PM's but please do not contact me by PM for lost or forgotten usernames or passwords. Click here to recover your UN or PW online or you can contact us via www.drugbuyers.com/help >>>> please reply to my posts and do not let me be a "thread killer" :-(
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#186776 - 06/15/05 01:23 PM Re: Is It Iegal to Obtain Controlled Substances From the Net?
new2 Journeyman Registered: 03/05/05 Posts: 89 Loc: NW	Here we go again.. has this subject not been brought up before? WIll some of the old timers please adress this? Admin comments: a subject that has not been discussed before... is most likely a subject nobody is interested in... Edited by Administrator (03/05/09 01:07 PM)
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#186777 - 06/15/05 01:43 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
JethroMole Board Addict Registered: 01/19/05 Posts: 328	It depends. "Telemedicine" is booming. My girlfriend is prescribed dexedrine for ADHD. Her doctor encourages her to use her insurance company - via the Internet - to buy her medication in a 3 month supply. He writes her the prescription and she goes online, fills out some stuff, and mails off the script. A few weeks later, she gets 180 (!) Smith-Kline dextro-amphetamine sulfate spansule capsules delivered via DHL and her insurance company pays for it. NROPs and ROPs seem to occupy a gray area of legality. IMHO, there's yet no definitive answer to your question. If you use the Internet to order controlled substances from another country, then yeah, that's probably pretty cut and dried - assuming of course that Customs finds it. But even then, you'll likely only get a "love letter" from Customs telling you that's a no-no.
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#186778 - 06/16/05 08:32 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
storyteller Old Hand Registered: 06/10/05 Posts: 416 Loc: Southwestern area	This is a frequently asked questions section on the dea's website, it answers many questions about internet puchasing.. http://www.deadiversion.usdoj.gov/faq/internetpurch.htm
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#186779 - 06/16/05 10:07 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
storyteller Old Hand Registered: 06/10/05 Posts: 416 Loc: Southwestern area	If a site goes down, what happens to the names of the the people who ordered from that site?
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#186780 - 06/16/05 10:36 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
lincoona GRAND Pooh-Bah Registered: 11/24/04 Posts: 1327	Quote: For a prescription to be valid under federal and state law, there must be a bona fide doctor patient relationship, This is an issue of interpretation of the exact meaning and definition of "doctor-patient relationship" that has yet to be tested in a court of law to my knowledge. Quote: which is defined by most state laws to require a physical examination I don't know where to find out what "most" states are referred to and the exact statutes, but that certainly is a vague statement. If taken to task, the DEA will have to prove that their interprtation of the relationship is in fact correct. Besides, it does not state that the prescribing doctor has to conduct the physical examination. It's full of holes, and might be tested someday, but my opinion is that telemedicine is currently very popular, and the Big Pharma companies have highly paid lobbyists that will ensure their clients are able to sell MORE pills, not less, and will fight any legal battle with deep pockets. The ban on importing prescription drugs is because of their efforts. If the DEA were to prosecute anybody, my guess would be the NROP owners and doctors, they have stated clearly on their site that they are not interested in prosecuting chronic pain patients. If you're importing or ordering mass quantities you might raise an eyebrow, otherwise don't worry.
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#186781 - 06/16/05 01:16 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
cascadia Journeyman Registered: 10/24/04 Posts: 53	Taken by the DEA or sold to other sites. Never. Never give your real phone number or SSI# when ordering. Quote: If a site goes down, what happens to the names of the the people who ordered from that site?
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#186782 - 06/16/05 04:56 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
InTheRuse Journeyman Registered: 05/26/05 Posts: 54	However, you will be committing fraud if you give a fake ss#/ph #. To give fake information is bad advice. And yet I'm sure that you expect to receive the true and exact, not "fake", meds you ordered with the exact count as well. What makes you think it's legal to do that? Mary _________________________ "Sloppy, raggedy-assed old life, I love it. I don't ever want to die!" ~Dennis Trudell
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#186783 - 06/16/05 06:13 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
ric1970 Enthusiast Registered: 02/22/05 Posts: 192	what nrop's ask for ss#??? i thought they just asked for a phone #
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#186784 - 06/16/05 08:33 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
willys Enthusiast Registered: 04/10/05 Posts: 224	i mean if your concerned about it....you shouldnt order i guess...i mean if you have a legit medical need than i really dont understand why you would be worried, but i get the feeling that many here may be recreational users..just my opinion. but when i see questions like this, it kinda seems that way..i am in no way suggesting that you are.
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#186785 - 06/16/05 08:34 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
faerie GRAND Pooh-Bah Registered: 03/28/05 Posts: 3642	nds (nationsdrugsupply) asks for last 4 digits of ss# for "prove it" identity stuff...makes sure you are an adult and a real person
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#186786 - 06/16/05 08:48 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
storyteller Old Hand Registered: 06/10/05 Posts: 416 Loc: Southwestern area	As for my opinion, I am not a recreational user, however I don't have health insurance, and my doctor recently retired, so I know what I need, so I ordered overseas from a place called nexuspharmacy which imports from india, anyway I didn't know that it was such a big deal to order overseas, and alot of places go under, and it is on the hot list topic for the dea, I don't want to get arrested or have to deal with any of that, I just want my meds, that's why I was asking??
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#186787 - 06/17/05 08:20 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
willys Enthusiast Registered: 04/10/05 Posts: 224	ya...i dont know about orverseas ordering..is it cheaper or something?..just not worth the risk for me...but people do it so.....i cant imagine its that much cheaper than the states
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#186788 - 06/17/05 10:23 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
storyteller Old Hand Registered: 06/10/05 Posts: 416 Loc: Southwestern area	did some comparisons-it can be anywhere from 100 and up...if you want to recommend a us place where I don't have to fax them my records, because my doctor retired then by all means let me know, rxduncan was about 120.00 more than nexus pharmacy..but I will probably try them in the future..
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#186789 - 06/17/05 11:35 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
OldandWorn GRAND Pooh-Bah Registered: 09/21/03 Posts: 8650 Loc: LoFi Pool Hall, 12th & Vine	I'm not a big IOPer, I buy American but where is the DEA hotlist? Is it something online? _________________________ Stop the cause of rainbows! Save our planet.
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#186790 - 06/17/05 03:04 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
storyteller Old Hand Registered: 06/10/05 Posts: 416 Loc: Southwestern area	Yes, as i was browsing the dea's website they have alot to say about this topic, under hot topics on the site, they have a new way to turn in websites that may not be legit, I guess my point is they are watching....
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#186791 - 09/05/05 04:58 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
aliceellen1 Veteran Registered: 06/20/05 Posts: 506 Loc: Florida but always a New Yorke...	This has really become a serious matter, whether we like it or not. I don't think that there is room for different interpretation, although I am going to try and find if any case law exists on it. In the meantime there is an excellent site that I think was already mentioned but check this out: Message from the DEA -------------------------------------------------------------------------------- CONSUMER ALERT! Buying controlled substances prescription drugs on-line may be illegal. Web sites offering to sell prescription controlled substances directly to consumers "without a prescription" or "without requiring a doctor visit" are operating outside the requirements of the federal Controlled Substances Act. It is illegal to purchase controlled substances, which include drugs such as narcotic pain relievers (e.g., OxyContin®, Vicodin®), sedatives (e.g., Valium®, Xanax®, Ambien®), stimulants or "diet drugs" (e.g., phentermine, phendimetrazine, Adderall®, Ritalin®), and anabolic steroids (e.g., Winstrol®, Equipoise®), unless you or your pharmacy has received a valid prescription from your doctor. A valid prescription requires a legitimate doctor-patient relationship, which in turn requires a valid medical examination, diagnosis and conclusion that the drugs prescribed are for a legitimate medical purpose. Responsible professional medical organizations, such as the American Medical Association and state boards of medicine and pharmacy, have all condemned the practice of "cyber doctors" issuing prescriptions on the basis of online questionnaires and consider it to be an unprofessional and unacceptable standard of care. The DEA and Food and drug Administration (FDA) have also concluded that obtaining prescription drugs, including controlled substances, by simply filling out a questionnaire or placing an order with a website offering such products for sale does not meet the legal requirements of a valid prescription. It is illegal for a consumer to import a controlled substance from a foreign country – and many sources of prescription drugs sold via the Internet are foreign even when not advertised as such. Agencies such as the DEA, the FDA, and many others at the state, federal and international levels, are working to eliminate these illegal web-based pharmacy operations. However, consumers must be aware that obtaining controlled substances in violation of the law places them at risk legally, and that drugs shipped from illegally operating sites which are found in domestic and international mail/transport facilities are subject to seizure. For more information, see the Federal Register Notice - "Guidance - Dispensing and Purchasing Controlled Substances Over the Internet" This site is really good for people to read because it gives a lot more information. http://www.deadiversion.usdoj.gov/consumer_alert.htm As much as I would like to be in denial about this it is illegal period. Florida also has a similar law. I hope I can find some caselaw or precedent on this and if I do I will post it. Peace, Alice _________________________ The answer, my friend, is blowin' in the wind, The answer is blowin' in the wind. Bob Dylan
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#186792 - 09/05/05 06:32 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
leelee27 Old Hand Registered: 04/06/05 Posts: 359 Loc: B.F.E.	I take this to mean that NROPs can't be considered grey....the way I read it seemed to state that the non records places are illegal..and this is why I say that..I will quote from your post.. Quote: A valid prescription requires a legitimate doctor-patient relationship, which in turn requires a valid medical examination, diagnosis and conclusion that the drugs prescribed are for a legitimate medical purpose. It says "valid medical evaluation,diagnosis and conclusion" which made me think that maybe the places that ask for records are in the clear for now b/c they have documents saying that you have a legitament problem...the nrop's on the other hand DO NOT make you prove that you have even had a physical within the past year.The term 'medical evaluation' to me means a face to face with a doc.....not meaning the doc that wrote the script but just a face to face and proof of one...so that leads me to believe that ROP's for now are meeting guidelines. So I guess by reading this...I see that NROP's don't have the proper documentation to prescibe a medicine..but ROP's have atleast seen the diagnosis and have written based on another doctors examination?.....please correct me if I have missed anything.. And THANKS for posting this....I guess the 'legitament relationship' concerning ROP's is left up to the state to determine...right?/ Have a good one Kammi _________________________ "Is it as cold in the country as it is in the winter?"
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#186793 - 09/05/05 06:52 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
aliceellen1 Veteran Registered: 06/20/05 Posts: 506 Loc: Florida but always a New Yorke...	No, at least not in my opinion. From what I've been reading there needs to be face to face contact with the doctor to establish a legitimate doctor patient relationship. Peace, Alice _________________________ The answer, my friend, is blowin' in the wind, The answer is blowin' in the wind. Bob Dylan
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#186794 - 09/05/05 06:56 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
aliceellen1 Veteran Registered: 06/20/05 Posts: 506 Loc: Florida but always a New Yorke...	This is posted on that website on the questions and answers page: Can an individual order drugs using the Internet without seeing a doctor? Federal law requires that "A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice" (21 CFR 1306.04(a)). Every state separately imposes the same requirement under its laws. Under Federal and state law, for a doctor to be acting in the usual course of professional practice, there must be a bona fide doctor/ patient relationship. For purposes of state law, many state authorities, with the endorsement of medical societies, consider the existence of the following four elements as an indication that a legitimate doctor/patient relationship has been established: A patient has a medical complaint; A medical history has been taken; A physical examination has been performed; and Some logical connection exists between the medical complaint, the medical history, the physical examination and the drug prescribed. A patient completing a questionnaire that is then reviewed by a physician hired by or working on behalf of an Internet pharmacy does not establish a doctor/patient relationship. A consumer can more easily provide false information in a questionnaire than in a face-to-face meeting with the physician. It is illegal to receive a prescription for a controlled substance without the establishment of a legitimate doctor/patient relationship, and it is unlikely for such a relationship to be formed through Internet correspondence alone. However, this is not intended to limit the ability of practitioners to engage in telemedicine. For purposes of this guidance document, telemedicine refers to the provision of health care using telecommunication networks to transmit and receive information including voice communications, images and patient records. Some Internet sites recommend to the patient that they not take a new drug before they have a complete physical performed by a doctor. These sites then ask the patient to waive the requirement for a physical and to agree to have a physical before taking the drug they purchase via the Internet. An after the fact physical does not take the place of establishing a doctor/patient relationship. The physical exam should take place before the prescription is written. These types of activities by Internet pharmacies can subject the operators of the Internet site and any pharmacies or doctors who participate in the activity to criminal, civil, or administrative actions. For DEA registrants, administrative action may include the loss of their DEA registration. Additionally, providing false material information to obtain controlled substances could be considered obtaining a controlled substance by fraud and deceit, which is subject to Federal and State penalties. Peace, Alice _________________________ The answer, my friend, is blowin' in the wind, The answer is blowin' in the wind. Bob Dylan
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#186795 - 09/05/05 07:56 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
Trampy GRAND Pooh-Bah Registered: 04/02/02 Posts: 2111 Loc: Southwest U.S.	Quote: ... providing false material information to obtain controlled substances could be considered obtaining a controlled substance by fraud and deceit, which is subject to Federal and State penalties. "Federal and State penalties"? Yes, that's illegal in every state, but where is there any federal law on the fraud or deceit? Is it hidden away in some federal appeals court decision on the definition of federal misdemeanor illegal possession? An enquiring mind would like to know. Or maybe they just made that up. Let me rephrase: exactly where in the CFR or USC does it say anything about it being illegal to use fraud or deceit to obtain controlled substances? A judge could say that it constitutes "illegal simple possession" but where does the law say that? With no priors and unless it's a drug in the Hilary Farias Act, simple possession is just a misdemeanor under federal law. Edited by Trampy (09/06/05 05:21 PM)
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#186796 - 09/06/05 09:23 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
geminitwin Stranger Registered: 05/30/05 Posts: 2	But What if youu are required to send valid recent medical records from providers who have seen you recently? The online physician or PA providing the consult can refill meds based on this information plus the phone consultation plus any other information or online questionnaire provided. When it is impossible for the customer to see a physician for any reason, then this method should suffice unless the DEA is saying for doctors not to trust information from other doctors or providers. Where would any healthcare system be if the above is true? The reality is that the current US Healthcare system is failing for several reasons. There is now an estimated 45 million americans now without insurance or access! With so many sites up it is clear that this is the will of the people and that it is here to stay.
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#186797 - 09/06/05 09:33 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
Trampy GRAND Pooh-Bah Registered: 04/02/02 Posts: 2111 Loc: Southwest U.S.	Quote: I don't know where to find out what "most" states are referred to and the exact statutes, but that certainly is a vague statement. If taken to task, the DEA will have to prove that their interprtation of the relationship is in fact correct. I agree that the statement you take issue with sounds way too vague to have been written by a competent lawyer. I do much better than that here and i'm just a researcher and writer who studies law as a hobby. Anyone who cites as authority for their argument web sites with Q&As intended for the public instead of cases and codes is not much of a lawyer. Lets's see some legal citations that could be entered into a court pleading.
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#186798 - 09/06/05 04:55 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
leelee27 Old Hand Registered: 04/06/05 Posts: 359 Loc: B.F.E.	Quote: A patient has a medical complaint; A medical history has been taken; A physical examination has been performed; and Some logical connection exists between the medical complaint, the medical history, the physical examination and the drug prescribed. This to me says..ROP's are legal..I'll go over my reasoning... A patient has a medical complaint....OK, something hurts. A medical history has been taken....My PCP has my medical history which I have provided to the ROP. A physical examination has been performed...OK I have that documented and faxed to the ROP..it doesn't say that the one writting the script has to be the one who preformed the exam? Some logical connection exists between the medical complaint, the medical history, the physical examination and the drug prescribed. ........the ROP doc has decided based on the info I provided that he'she can write a script for medicine.... I know this is just one persons view on it..but going by those guidelines, a person who used ROP has met all of these guidelines...(I realize that this may vary state to state) OK..what have I missed.....I think that-in my mind- NROP's have been proven illegal...BUT, I think that anyone can make determinations on what THEY think a document says....(think about the bible and it's many interpretations, I beleive the same can apply to the law) Alice, do you think that ROP's are safe for now and if not..tell me in your own words why not....I think having other peoples opinions helps me to better educate myself..THANKS MUCH. Kammi _________________________ "Is it as cold in the country as it is in the winter?"
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#186799 - 10/08/05 10:02 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
dharma6666 Threadhead Registered: 12/18/03 Posts: 863 Loc: Varies by time of year	Most DEA agents with whom I have spoken readily admit, without argument, that records OPs are a grey area. I have been attempting to determine whether they feel that the two entities are the same, and most see the difference. I am getting together some advocacy groups to keep the focus off records OPs, and soliciting other lawyers to help with the fight. The NROPs are making the fight more difficult, however. _________________________ A big man stands up for himself. A bigger man stands up for others
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#186800 - 10/08/05 11:59 AM Re: Is It Iegal to Obtain Controlled Substances From the Net
Ruggie GRAND Pooh-Bah Registered: 03/25/04 Posts: 8800 Loc: Right Here	I really don't see that what ever nrop that are left have even shipped to anyone, sure people are ordering but who has actually received an order from one, and I have been reading that most of the nrop left (what few there are) are wanting ID and medical records, I just cannot see why anybody would use an nrop that wants records and ID when there cost a fortune, so instead of faxing records to an iffy nrop why not just fax them to a ROP and spend less money, and actually be able to count on getting your meds in a timely manner, with refills, a consult is nothing to be nervious or scared of, in fact these docs and PA's are very nice people. And yes we have to advocate and sign everything we can get our names on to save the ROP's and be able to manage chronic pain, I truly do not feel like chronic pain or anxiety disorders are really recognized by the DEA or the Gov't. We all have to stand as one and write our legislaters and congressman, and the President to, and even the DEA and tell them how it feels to go through pain or anxiety everyday of their lives without any relief. _________________________ Takes a Lickin' & Keeps on Tickin'
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#186801 - 10/11/05 12:55 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
shovelhead Pooh-Bah Registered: 09/22/05 Posts: 843	i think the dea should worry about all the cocaine/heroin that is flowing in more now then ever!! insted they pefer to pick on people with no health insurance and have no other option but to pay more and use these questionable pharmicist's are government is a JOKE!!
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#186802 - 11/15/05 02:04 PM Re: Is It Iegal to Obtain Controlled Substances From the Net
allcoholl Stranger Registered: 05/10/05 Posts: 11	Quote: i think the dea should worry about all the cocaine/heroin that is flowing in more now then ever!! insted they pefer to pick on people with no health insurance and have no other option but to pay more and use these questionable pharmicist's are government is a JOKE!! I'd have to agree. sigh
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#186803 - 11/15/05 05:01 PM Re: Is It Iegal to Obtain Controlled Substances From the Net?
bunnycat Banned: Kratom vendor in disguise Registered: 07/12/05 Posts: 1275 Loc: on the Dark Side of the Moon	Quote: This is the answer given by the DEA (drug Ebforcement Agency) and the USDOJ... http://www.usdoj.gov/dea/illegal_internet.html Quote: Is It Illegal to Obtain Controlled Substances From the Internet? For a prescription to be valid under federal and state law, there must be a bona fide doctor patient relationship, which is defined by most state laws to require a physical examination. “Completing a questionnaire that is then reviewed by a doctor hired by the internet pharmacy could not be considered the basis for a doctor/patient relationship.” Vol. 66 Federal Register 82, PP 21181-21184 (April 27, 2001) Moreover, if the prescription drug is a controlled substance and the drug is being imported into the U.S. from a foreign country and being shipped to anyone other than a DEA-registered importer, such transaction is a felony in violation of Sections 957 and 960 of Title 21, United States Code. The administrator's have been doing their homework. Much of what they quoted above can be found in a website created by an attorney, Lawrence G. Walters, of Weston, Garrou, DeWitt, and Walters Law Firm. Links that further discuss the past present and future of online pharmacies can be found in Walter's website, who also lists Drugbuyer's as a link, in his site: www.PillLaws.com http://www.dea.gov/illegal_internet.html http://www.pilllaws.com/articles/02_24_2004.htm http://www.drugbuyers.com/members/drug_importation/ http://www.abc.net.au/worldtoday/content/2005/s1350635.htm http://tie.telemed.org/articles/article.asp?path=articles&article=internetPharmacy_gw_tie02.xml http://www.oncologynetguide.com/v5n5/feature_article1.htm Many of this websites articles and references to the industry are dated anywhere from 2000-2004 and clear evidence that it was seen coming to this, as far back as then. Written and referenced by attorney Walters, I think he paints a clear picture, or prophetic prediction if you may, of the events that followed in 2005. _________________________ "Admin edited out the Kratom sources I was trying to promote with my posts"
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#186804 - 12/16/05 03:46 PM Re: Is It Iegal to Obtain Controlled Substances From the Net?
Administrator Administrator GRAND Pooh-Bah Registered: 11/18/01 Posts: 6368 Loc: DrugBuyers.Com	http://www.deadiversion.usdoj.gov/faq/internetpurch.htm#2b Quote: DISPENSING AND PURCHASING CONTROLLED SUBSTANCES OVER THE INTERNET The following Questions and Answers are being published by the drug Enforcement Administration’s (DEA) Office of Diversion Control as an educational/public awareness component relative to the use of the Internet for the purposes of purchasing, prescribing, dispensing and importing of controlled substances. The DEA recognizes that while some Internet sites facilitate legitimate prescribing and dispensing practices, other sites facilitate the illegal sale of controlled substances. These sites of illicit activity enable some consumers to illegally purchase controlled substances without realizing they are committing a crime. The DEA regards this as a critical issue and is taking steps to address it. This document is intended to serve as general guidance to prescribers, pharmacists, the regulatory and law enforcement communities, as well as the general public regarding the application of current laws and regulations to controlled substances transactions conducted via the Internet. This document explains what constitutes legitimate controlled substances transactions via the Internet. Questions for Patients/Consumers Can an individual order drugs using the Internet without seeing a doctor? What are the types of risks taken by individuals when ordering drugs via the Internet? How can those risks be minimized? Can underage individuals acquire drugs on the Internet? How can this be prevented from happening? General Information What are the basic requirements for prescribing, dispensing, and importing controlled substances? DEA Registrant Questions about Internet Pharmacies Is it legal for Internet pharmacies to approach a physician to write prescriptions based on on-line consultations with customers/consumer? Can an independent pharmacy purchase supplies on the Internet? What procedures must be followed? Does the label on a prescription filled via the Internet indicate the Internet pharmacy or the registered location that filled the prescription? Does being an Internet pharmacy change a pharmacy’s responsibilities under DEA regulations? Is it possible for an Internet pharmacy to fill prescriptions for Schedule II controlled substances? Is it possible for an Internet pharmacy to fill prescriptions for Schedule III-V controlled substances? Is it legal to buy controlled substances from foreign Internet sites and have them shipped to the U.S.? Does it make a difference if an individual has a prescription from a U.S. doctor for controlled substances and buys from a foreign Internet site? Are the Rules different for "life style" drugs? What does the VIPPS Seal seen on some Internet pharmacy sites mean? Where should complaints regarding an "Internet Pharmacy" site on the Internet that appears to be illegally selling drug be directed? Back to Top Questions for Patients/Consumers Can an individual order drugs using the Internet without seeing a doctor? Federal law requires that "A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice" (21 CFR 1306.04(a)). Every state separately imposes the same requirement under its laws. Under Federal and state law, for a doctor to be acting in the usual course of professional practice, there must be a bona fide doctor/ patient relationship. For purposes of state law, many state authorities, with the endorsement of medical societies, consider the existence of the following four elements as an indication that a legitimate doctor/patient relationship has been established: A patient has a medical complaint; A medical history has been taken; A physical examination has been performed; and Some logical connection exists between the medical complaint, the medical history, the physical examination and the drug prescribed. A patient completing a questionnaire that is then reviewed by a physician hired by or working on behalf of an Internet pharmacy does not establish a doctor/patient relationship. A consumer can more easily provide false information in a questionnaire than in a face-to-face meeting with the physician. It is illegal to receive a prescription for a controlled substance without the establishment of a legitimate doctor/patient relationship, and it is unlikely for such a relationship to be formed through Internet correspondence alone. However, this is not intended to limit the ability of practitioners to engage in telemedicine. For purposes of this guidance document, telemedicine refers to the provision of health care using telecommunication networks to transmit and receive information including voice communications, images and patient records. Some Internet sites recommend to the patient that they not take a new drug before they have a complete physical performed by a doctor. These sites then ask the patient to waive the requirement for a physical and to agree to have a physical before taking the drug they purchase via the Internet. An after the fact physical does not take the place of establishing a doctor/patient relationship. The physical exam should take place before the prescription is written. These types of activities by Internet pharmacies can subject the operators of the Internet site and any pharmacies or doctors who participate in the activity to criminal, civil, or administrative actions. For DEA registrants, administrative action may include the loss of their DEA registration. Additionally, providing false material information to obtain controlled substances could be considered obtaining a controlled substance by fraud and deceit, which is subject to Federal and State penalties. What are the types of risks taken by individuals when ordering drugs via the Internet? How can those risks be minimized? Persons considering purchasing drugs via an Internet pharmacy should exercise good common sense and scrutiny in selecting an Internet pharmacy. An "Internet pharmacy" site should provide a physical address for the pharmacy, in addition to the Internet address and a telephone number for the pharmacy. Some common indicators that the "Internet Pharmacy" site may not be legitimate and should not be used as a source for controlled substances include the following: The site is not a participant in any insurance plan and requires that all payments be made with a credit card. The site requires that you waive some rights before they send you the drugs. The site advises you about the law and why it is permissible for you to obtain pharmaceutical controlled substances from foreign countries via the Internet. The site does not ask the name, address, or phone number of your current physician. The site advises you to have the drugs sent to post office boxes or other locations to avoid detection by U.S. authorities. The site does not require that you provide a bona fide prescription issued by your personal physician or mid-level practitioner. Can underage individuals acquire drugs on the Internet? How can this be prevented from happening? Underage individuals can acquire drugs on the Internet in the same manner as an adult. The only way to prevent this is to restrict Internet access. In many instances, the young person will need a credit card to pay for the drugs. In these instances, parents can prevent drug purchases by withholding access to a credit card. As previously stated, a prescription not issued in the usual course of professional practice or not for legitimate medical/research purposes is not considered valid. Both the practitioner and the pharmacy have a responsibility to ensure that only legitimate prescriptions are written and filled. Back to Top General Information What are the basic requirements for prescribing, dispensing, and importing controlled substances? Only practitioners acting in the usual course of their professional practice may prescribe controlled substances. These practitioners must be registered with DEA and licensed to prescribe controlled substances by the State(s) in which they operate. Pharmacies filling prescriptions for controlled substances must also be registered with DEA and licensed to dispense controlled substances by the State(s) in which they operate. A prescription not issued in the usual course of professional practice or not for legitimate and authorized research is not considered valid. Both the practitioner and the pharmacy have a responsibility to ensure that only legitimate prescriptions are written and filled. Pharmacists must receive written and manually signed prescriptions for Schedule II substances. They may receive oral or faxed prescriptions for Schedule III-V substances provided they confirm the legitimacy of the prescription and the practitioner. Prescriptions for Schedule II controlled substances may not be refilled. Prescriptions for Schedule III-V controlled substances may be authorized to be refilled five times, but no prescription may be filled or refilled more than six months after the date on which the prescription was issued. Only those people who are registered with DEA as importers and who are in compliance with DEA requirements may have controlled substances shipped into the customs territory or jurisdiction of the U.S. from a foreign country. DEA regulations covering prescriptions can be found in Title 21 of the Code of Federal Regulations, part 1306; Rules on importers are found in 21 CFR 1312. Back to Top DEA Registrant Questions about Internet Pharmacies Is it legal for Internet pharmacies to approach a physician to write prescriptions based on on-line consultations with customers/consumer? A physician may use the Internet to provide information and to communicate with the patient, but it cannot be the sole basis for authorizing prescriptions. If a doctor/patient relationship exists, a doctor can use the Internet to communicate with patients. Where a doctor/patient relationship exists, the doctor may use the Internet to receive requests for treatment. DEA cautions, however, that such requests for treatment should be logical based upon a doctor’s knowledge of the patient’s medical history and the medical complaint. The doctor may also use the Internet to receive requests for refills of prescriptions from patients. Can an independent pharmacy purchase supplies on the Internet? What procedures must be followed? Pharmacies can use the Internet to facilitate their purchases; however, the basic regulations regarding registration and recordkeeping apply. The pharmacy can only purchase from a registered supplier and the pharmacy must maintain complete and accurate records describing the name, address and registration number of the supplier, a description of the drugs purchased and the date the drugs are received. For Schedule II controlled substances, official DEA Order Forms must be used. Recordkeeping requirements for dispensers can be found in Section 1304 of the Code of Federal Regulations (see 21 CFR 1304.22(c) for continuing recordkeeping requirements). Recordkeeping requirements pertaining to the use of official Order Forms can be found in Section 1305 of the Code of Federal Regulations. Does the label on a prescription filled via the Internet indicate the Internet pharmacy or the registered location that filled the prescription? The label must list the name and registered location of the pharmacy that dispensed the controlled substance. Does being an Internet pharmacy change a pharmacy’s responsibilities under DEA regulations? No, Internet pharmacies are still authorized to sell controlled substances only when there is a valid prescription from a DEA-registered practitioner who issued the prescription in the usual course of his or her professional practice. Is it possible for an Internet pharmacy to fill prescriptions for Schedule II controlled substances? An Internet pharmacy may fill valid prescriptions for Schedule II substances if the patient or prescriber provides the pharmacy with the manually signed original prescriptions prior to dispensing. Practically, it is unlikely that most patients will want to wait the time required for such a transaction to be completed. Is it possible for an Internet pharmacy to fill prescriptions for Schedule III-V controlled substances? Internet pharmacies may receive an original signed prescription or a facsimile of the original signed prescription, or an oral prescription, where allowed, which must be verified and immediately reduced to writing. Internet pharmacies have the responsibility to ensure the legitimacy of the prescription and the prescriber. At this time, DEA does not permit a prescription received via the Internet to be filled. If prescription information is transmitted via the Internet, the receiving pharmacy must contact the prescriber via telephone and receive an oral prescription for the controlled substance, including the full name and address of the patient, the drug name, strength, dosage form, quantity prescribed, directions for use and the name, address and registration number of the practitioner (21 CFR 1306.05(a)). The pharmacy must immediately reduce this oral prescription to writing (21 CFR 1306.21(a)). Back to Top Is it legal to buy controlled substances from foreign Internet sites and have them shipped to the U.S.? No, having controlled substances shipped to the U.S. is illegal unless the purchaser is registered with DEA as an importer and is in compliance with 21 U.S.C. 952, 953 and 954 and 21 CFR part 1312. Some foreign Internet sites claim they can legally sell these controlled substances; other sites, knowing that such shipments are illegal, advise consumers of ways to avoid having the packages seized by U.S. Customs. The Controlled Substances Act prohibits any person from importing into the customs territory of the U.S. any controlled substance or List I chemical (21 U.S.C 971) and (21 CFR part 1313) unless that person maintains a valid, current authorization to import such substances or chemicals (21 U.S.C. 957(a)). Illegal importation of controlled substances is a felony that may result in imprisonment and fines (21 U.S.C. 960). Does it make a difference if an individual has a prescription from a U.S. doctor for controlled substances and buys from a foreign Internet site? No, the law remains the same. The only condition in which controlled substances may be shipped to a purchaser in the U.S. from another country is if the purchaser is registered with DEA as an importer and is in compliance with DEA's requirements. Are the Rules different for "life style" drugs? Some people have applied the phrase "life style drugs" to certain medications, such as Viagra®, weight control medications and tranquilizers. Many of the so-called life style drugs, such as Viagra®, are not controlled substances. If a "life style" drug is a controlled substance, however, it is still subject to all regulations for controlled substances. In order to have a prescription filled for a "life style" drug that is a controlled substance, DEA requires a prescription from a DEA registered prescriber and the prescription must be filled by a DEA registered pharmacy. What does the VIPPS Seal seen on some Internet pharmacy sites mean? The National Association of Boards of Pharmacy (NABP) has developed a voluntary program called the Verified Internet Pharmacy Practice Sites (VIPPS). The NABP issues a "seal of approval" to Internet pharmacies that meet standards regarding State licensing and DEA registration. To be VIPPS certified, a pharmacy must comply with the licensing and inspection requirements of their State and each State to which they dispense pharmaceuticals. In addition, pharmacies displaying the VIPPS seal have demonstrated to NABP compliance with VIPPS criteria including patient rights to privacy, authentication and security of prescription orders, adherence to a recognized quality assurance policy and provision of meaningful consultation between patients and pharmacists. The NABP also provides information on whether a pharmacy is licensed and in good standing (http://www.nabp.net). Where should complaints regarding an "Internet Pharmacy" site on the Internet that appears to be illegally selling drug be directed? If the complaint involves a pharmaceutical controlled substance, you may file a report on-line, or contact the DEA, Office of Diversion Control, drug Operations Section, Washington, DC 20537, telephone (202) 307-7194 or contact your local DEA office . If the complaint involves any pharmaceutical drug other than a controlled substance, contact the U.S. Food and drug Administration, HFC-230, 5600 Fishers Lane, Rockville, MD 20857, or file a report on the FDA's web site at http://www.fda.gov/oc/buyonline/buyonlineform.htm. If the complaint involves a pharmacist or a physician, the respective State Board of Pharmacy or the State Board of Medicine where the pharmacist or doctor is located should be contacted. Persons wishing to file complaints may wish to view other sites on the Internet such as the NABP (http://www.nabp.net). In the event further websites are identified which advertise the sale of controlled pharmaceutical substances, the nearest DEA Diversion Group office should be contacted and provided that information. A list of DEA offices and telephone numbers can be found at the DEA Office of Diversion website. Back to Top _________________________ >>> I welcome all PM's but please do not contact me by PM for lost or forgotten usernames or passwords. Click here to recover your UN or PW online or you can contact us via www.drugbuyers.com/help >>>> please reply to my posts and do not let me be a "thread killer" :-(
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