A person purchasing a controlled substance from an online pharmacy may be violating two federal laws, each of which carries stiff penalties. The very act of importation of drugs overseas violates 21 USC, Section 952 (which can carry up to 5 years in prison and a $250,000 fine for importation of non-narcotic Schedule III, IV, or V drugs). The act of simple possession of a controlled substance without a valid prescription violates 21 USC, Section 844 (which can carry up to 1 year in prison and $1,000 fine). Also, note that the Food and Drug Administration doesn’t recognize online prescriptions. As far as the FDA is concerned, for the prescription to be valid, there must be a face-to-face relationship between the patient and the health care professional or doctor that’s prescribing the drug.And that’s part of the crux, according to online pharmacies. A “face-to-face” relationship is subjective, and many online operations operate as an adjunct to the patient’s own doctor, provided that the patient submits medical records that document a condition for which requested medication is deemed appropriate. Importation of any prescription drug violates 21 USC, Section 301(aa), unless certain conditions are met:
  1. The drug is imported from Canada, from a seller registered with the Secretary (i.e. with FDA) (hence the popularity of Canadian online pharmacies);
  2. The drug is imported from a licensed pharmacy for personal use by an individual – and not for resale – in quantities that don’t exceed a 90-day supply;
  3. The drug is accompanied with a copy of a valid prescription;
  4. The drug is a prescription drug that’s approved by the Secretary;
  5. The drug is in the form of a final finished dosage that was manufactured in an establishment that’s registered under section 510; and
  6. The drug is imported under such other conditions as the Secretary determines to be necessary in order to ensure public safety.