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#856505 - 03/09/09 11:47 PM
Re: Is It Iegal to Obtain Controlled Substances From the Net?
[Re: dharma6666]
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Member
Registered: 01/30/09
Posts: 114
Loc: New England
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actually I'll put together a Memo of Law, I know Canadian imports are addressed somewhere else, whereas in 384 the intent of the Congress is, imo, blanket importation. the FDA regulates neither Canadian drugs nor overseas Pharmaceutical companies. Therefore, what's the difference? Specific legislative intent in subsection 384 (J) is blanket coverage of individual exemption for personal use, subsumed under a new Legislative intent. "[Congress Declares ...]" that in prohibiting individual importation of prescription drugs and devices, the secretary shall focus on cases in which: (1) clearly for personal use (2) prescription drug or device poses no unreasonable risk to the individual after satisfying the first prong of "not pos[ing] a significant threat to the public health".
The Legislative intent in that statement involves Pharmaceutical diversion and obvious counterfeits.I'll put together a full Memo of Law. (when I have time) I'll keep it simple, on point, and well cited. No deadlines, please. Then damn, maybe I will exercise an in forma pauperis motion for declaratory judgment. Think the UCLA will get onboard? I haven't passed the bar but I know a lil' bit. And Jeebus, F.R.C.P. 11 scares the hell out of me and my legal minds. MAYBE they'd ghostwrite and proofread, but even that can lead to sanctions if some judge thinks its frivolous or hath no legal merit and it's uncovered.A nd [censored], how am I going to survive a government's F.R.C.P. 12(b) motion to dismiss? The government will claim there is no controversy for which rights need be declared.. I think it's obvious but who the hell knows what a Federal Judge will believe. You know how high that could go? I'm quite familiar with Title 21. You help me on surviving the controversy necessary to beat the 12(b), I'll get the dec motion in, as a destitute studentumm.... I'm a pharmaceutical patent / intellectual property & copyright law (focus Europe Union - USA - India) [I speak German] Student. I'm not an attorney. State Court I'll brave, Federal Court scares me, a little. And There'd probably be some customs crackdown in my peaceful calm neighborhood 
Edited by TheLitigator (03/10/09 12:13 AM)
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#856513 - 03/10/09 12:18 AM
Re: Is It Iegal to Obtain Controlled Substances From the Net?
[Re: dharma6666]
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Member
Registered: 01/30/09
Posts: 114
Loc: New England
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The chain of custody rule only applies to evidence collected after an arrest.....not BEFORE. Then challenge the validity of intent, argue constructive possession for all involved when your Client pleads ignorance, and naturally, there is no proof either way. Move to suppress [seized goods] based on no connection whatsoever to the client, as well as on its face it's more likely than not the client had no idea what the parcel contained. It all depends on what comes out in discovery after your client KEEPS HIS F***ING MOUTH SHUT and talks about being a PTA member, going to town-hall meetings, having good face in the community, the weather, sports and the like. Cops love Dirty Harry style movies... I'm not focusing on criminal law, that's just something I enjoy. Get me past FRCP 12(b) and you can proofread my Dec Motion. If I write a memorandum of law there's no reason not to at least have a judge tell me I'm right. http://www.foxnews.com/story/0,2933,114494,00.html~3 years before the blanket importation exception for individuals came into effect. And, Kind sir, it might not even be worthwhile: This is pending legislation, as of Jan 9, 2009, to amend that section of Title 21, making importation by individuals NOT be blanket: again, Introduced in current Congress on Jan 9, 2009 to amend THAT AFOREMENTIONED SECTIONhttp://www.opencongress.org/bill/111-s80/textThe law has only been on the books 2 years; not long enough to truly be challenged, and if this thing makes it through.. well, no more bullsh*t "up to the secretary to protect the general welfare from egregious cases", currently enforced as any and all at the whim of Individual Customs Agents, cause Congress' action will have codified guidelines. == "(h) Waiver Authority for Individuals- Section 804(j) of the Federal Food, drug, and Cosmetic Act (21 U.S.C. 384(j)) is amended to read as follows:" go find it if you want
Edited by TheLitigator (03/10/09 12:48 AM)
Edit Reason: boo ya
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#856519 - 03/10/09 12:52 AM
Re: Is It Iegal to Obtain Controlled Substances From the Net?
[Re: TheLitigator]
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Member
Registered: 01/30/09
Posts: 114
Loc: New England
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(h) Waiver Authority for Individuals- Section 804(j) of the Federal Food, drug, and Cosmetic Act (21 U.S.C. 384(j)) is amended to read as follows:CommentsClose CommentsPermalink (j) Importation by Individuals (1) IN GENERAL- Not later than 180 days after the enactment of the Pharmaceutical Market Access Act of 2009, the Secretary shall by regulation permit an individual to import a drug from a permitted country to the United States if the drug is- (A) a qualifying drug; (B) imported from a licensed pharmacy or qualifying Internet pharmacy; (C) for personal use by an individual, or family member of the individual, not for resale; (D) in a quantity that does not exceed a 90-day supply during any 90-day period; and (E) accompanied by a copy of a prescription for the drug, which--
(i) is valid under applicable Federal and State laws; and
(ii) was issued by a practitioner who is authorized to administer prescription drugs.
(2) DRUGS DISPENSED OUTSIDE THE UNITED STATES- An individual may import a drug from a country that is not a permitted country if-- (A) the drug was dispensed to the individual while the individual was in such country, and the drug was dispensed in accordance with the laws and regulations of such country; (B) the individual is entering the United States and the drug accompanies the individual at the time of entry; (C) the drug is approved for commercial distribution in the country in which the drug was obtained; (D) the drug does not appear to be adulterated; and (E) the quantity of the drug does not exceed a 14-day supply.. (i) Repeal of Certain Provisions- Section 804 of the Federal Food, drug, and Cosmetic Act (21 U.S.C. 384) is amended by striking subsections (l) and (m). THAT IS THE PROPOSED CHANGE
RIGHT NOW IT IS LEGAL, AND THERE IS NO WAY TO PROVE A PRESCRIPTION EITHER WAY. That's why this new PROPOSED law specifically lists "importation by individuals must accompany a valid state or federal authorized practitioners prescription"..." where the hell is the requirement of a prescription specifically stated in current law? The American Prescription valid only at American Pharmacies is bullsh*t, plain and simple, since it is an unauthorized expansion of agency power clearly misaligned with the explicit wording of the agency's statutory authority as specifically granted and enumerated and devolved from the American Congress in 21 U.S.C. 384(J). someone challenge the FDA. Period. Or get me past FRCP 12(b) so that I only need file. Not stupid. Very Real. Very Factual.
Edited by TheLitigator (03/10/09 12:59 AM)
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#856819 - 03/10/09 01:56 PM
Re: Is It Iegal to Obtain Controlled Substances From the Net?
[Re: TheLitigator]
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Pooh-Bah
Registered: 12/18/03
Posts: 1086
Loc: Varies by time of year
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(h) Waiver Authority for Individuals- Section 804(j) of the Federal Food, drug, and Cosmetic Act (21 U.S.C. 384(j)) is amended to read as follows:CommentsClose CommentsPermalink (j) Importation by Individuals (1) IN GENERAL- Not later than 180 days after the enactment of the Pharmaceutical Market Access Act of 2009, the Secretary shall by regulation permit an individual to import a drug from a permitted country to the United States if the drug is- (A) a qualifying drug; (B) imported from a licensed pharmacy or qualifying Internet pharmacy; (C) for personal use by an individual, or family member of the individual, not for resale; (D) in a quantity that does not exceed a 90-day supply during any 90-day period; and (E) accompanied by a copy of a prescription for the drug, which--
(i) is valid under applicable Federal and State laws; and
(ii) was issued by a practitioner who is authorized to administer prescription drugs.
(2) DRUGS DISPENSED OUTSIDE THE UNITED STATES- An individual may import a drug from a country that is not a permitted country if-- (A) the drug was dispensed to the individual while the individual was in such country, and the drug was dispensed in accordance with the laws and regulations of such country; (B) the individual is entering the United States and the drug accompanies the individual at the time of entry; (C) the drug is approved for commercial distribution in the country in which the drug was obtained; (D) the drug does not appear to be adulterated; and (E) the quantity of the drug does not exceed a 14-day supply.. (i) Repeal of Certain Provisions- Section 804 of the Federal Food, drug, and Cosmetic Act (21 U.S.C. 384) is amended by striking subsections (l) and (m). THAT IS THE PROPOSED CHANGE
RIGHT NOW IT IS LEGAL, AND THERE IS NO WAY TO PROVE A PRESCRIPTION EITHER WAY. That's why this new PROPOSED law specifically lists "importation by individuals must accompany a valid state or federal authorized practitioners prescription"..." where the hell is the requirement of a prescription specifically stated in current law? The American Prescription valid only at American Pharmacies is bullsh*t, plain and simple, since it is an unauthorized expansion of agency power clearly misaligned with the explicit wording of the agency's statutory authority as specifically granted and enumerated and devolved from the American Congress in 21 U.S.C. 384(J). someone challenge the FDA. Period. Or get me past FRCP 12(b) so that I only need file. Not stupid. Very Real. Very Factual. Why don't you tell that to the OCS operators and doctors sitting behind bars? This issue has already been addressed by the courts, and pre- RHA busts have held up. Also, this is a moot point after the 180 days post enactment of the RHA. Look to the legislative intent of this writing....period.
_________________________
A big man stands up for himself. A bigger man stands up for others
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#909648 - 07/20/09 10:22 AM
Re: Is It Iegal to Obtain Controlled Substances From the Net?
[Re: Trampy]
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Stranger
Registered: 05/30/09
Posts: 16
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The DEA doesn't have to prove anything. Valid prescription from a US doctor and filled in a legitamite US pharmacy, no drugs can be dispensed without a prescription here, and they can't from a foreign country either. Different countries have different drugs (the US has the most inclusive list of drugs, but still, prescription needed, and although there doesn't always have to be a physical examination, unless it's a class two, it has to be your doctor). The DEA enforces law, the FDA will not allow any drugs outside the US to be imported to a consumer, even if the drug is made here, because it has to subject to their approval standards for use in the US. Recently, just in the last week or two, a law was passed that that americans can seek their prescriptions from Cananda, it was never legal before, and still doesn't include controlled substances, which cannot be shipped. Besides, Canada, and every other country has a different drug list than the US. But the DEA can and will put an end to any online pharmacies, and it can't be challenged. They shut down doctors and pharmacies in the US, when a lot of those cases are vague. But all these years of canadian pharmacy advertising, those pharmacies were in the US or offshore. Probably just a group of people that obtained controlled substances here and were trying to sell them, because come on, $3.80 for a valium? $6 for a vicodin? That would be like me sellig my medication online under the guise of a pharmacy.
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