Ordering generic drugs without a prescription

[Cpalmson]

I'm looking for some sound legal advice here, so please no "wanna be lawyer" responses to this question. Let's say I want to get a generic drug (viagra, levitria, propecia, etc) via the internet. Normally, these drugs require a prescription, but I've gone to numerous sites that say you can buy a generic drug without a prescription. Is it legal to buy over the internet without a prescription? You hear horror stories of people being stopped by the cops and are busted because they possess a drug without a prescription. Yes, I know stupid cops enforcing stupid laws. I just don't want the undo risk of running afoul of these laws b/c they are serious felonies. Thanks.

[Guest062114-5]

Originally Posted by Cpalmson

I'm looking for some sound legal advice here, so please no "wanna be lawyer" responses to this question. Let's say I want to get a generic drug (viagra, levitria, propecia, etc) via the internet. Normally, these drugs require a prescription, but I've gone to numerous sites that say you can buy a generic drug without a prescription. Is it legal to buy over the internet without a prescription? You hear horror stories of people being stopped by the cops and are busted because they possess a drug without a prescription. Yes, I know stupid cops enforcing stupid laws. I just don't want the undo risk of running afoul of these laws b/c they are serious felonies. Thanks.

Buying Rx drugs from anyone anytime without a Rx is illegal. If you are caught with ANY Rx drug in your possession, you can be charged. Depending in the drug, it could be a felony. If you are stopped and arrested for a DWI, they will search you and if they find a Rx drug with no valid Rx, you can be quite sure they will also charge you for that. That is the legal part.

Now, for the practical part. Many online pharmacies offer online physician consultations. You can chat online or over the phone, then the physician will issue a Rx and the pharmacy will fill it and ship it to you.

This situation may result in a much higher priced drug than going to your own physician. Also beware that they may sign you up for autoship and you'll keep receiving drugs each month. I've heard it's hard to get this to stop and to stop charging your card.

While legal, per se, this method has many problems. The better case scenario, in my opinion, is to make a one time visit with a local physician and get a Rx from him. Or, of course, simply visit your family doctor. That's what he's there for, after all.

One last warning, ordering Rx drugs online is a crap shoot as far as quality goes. They may be expired or counterfeit. Or even dangerous.

[Cpalmson]

Thanks and disregard my PM

[Unique_Carpenter]

Originally Posted by LilMynx69

Now, for the practical part. Many online pharmacies offer online physician consultations. You can chat online or over the phone, then the physician will issue a Rx and the pharmacy will fill it and ship it to you.

Although friend Mynx provides an excellent answer, and even though you mentioned no further discussion needed, I think it appropriate to mention for the general board population that DEA does actively hunt these "script" writing drs that are directly affiliated with these internet ordering sites, with the objective of revoking their medical licenses, and, imposing criminal fraud charges. This procedure has been around awhile, based upon medicare claim fraud, but a few years ago DEA started using it to go after anyone that comes to their attention that they can hang on this hook.

[Guest062114-5]

Originally Posted by Unique_Carpenter

Although friend Mynx provides an excellent answer, and even though you mentioned no further discussion needed, I think it appropriate to mention for the general board population that DEA does actively hunt these "script" writing drs that are directly affiliated with these internet ordering sites, with the objective of revoking their medical licenses, and, imposing criminal fraud charges. This procedure has been around awhile, based upon medicare claim fraud, but a few years ago DEA started using it to go after anyone that comes to their attention that they can hang on this hook.

Absolutely correct, though that doesn't invalidate the Rx for the user as long as the Dr. was properly licensed at the time. And the patient is never the target of the investigation, not guilty of a crime.

[woodyboyd]

Originally Posted by Cpalmson

I'm looking for some sound legal advice here, so please no "wanna be lawyer" responses to this question. Let's say I want to get a generic drug (viagra, levitria, propecia, etc) via the internet. Normally, these drugs require a prescription, but I've gone to numerous sites that say you can buy a generic drug without a prescription. Is it legal to buy over the internet without a prescription? You hear horror stories of people being stopped by the cops and are busted because they possess a drug without a prescription. Yes, I know stupid cops enforcing stupid laws. I just don't want the undo risk of running afoul of these laws b/c they are serious felonies. Thanks.

Yes, it is legal to buy noncontrolled drugs over the internet for personal use. http://www.tsbp.state.tx.us/consumer/broch4.htm

"Foreign Country— Generally, prescriptions from foreign doctors may not be filled. However, a prescription for a non-controlled drug from a doctor in Canada or Mexico may be filled by a Texas pharmacy if the prescription is in writing. A prescription for a controlled drug from a doctor in Canada or Mexico may NOT be filled in Texas."

And yes, you can buy Viagra, Cialis ETC legally for personal use because they are not controlled substances.

The prescriptions that come from India do not come in a bottle, they come in the original bubble pack packaging. Drug samples given out by doctors are not in prescription bottles as well, and they are legal. The key is that the police can readily identify what the medications are and see that they have no effect on your driving a vehicle.

If you have any pill that is not in properly labeled packaging, the police can assume it interferes with your ability to operate a vehicle and arrest you. I know one person who had a stray Tylenol pill rummaing around her car, and another who had three unlabled generic Viagras and they were both arrested.

Given that the police are arresting people for stray Tylenol these days, I would make it very clear that you do not consent to a search with any officer these days. The 4th amendement has been so fucking watered down it practically doesn't exist, but it is important to at least bring it up.

With 50% of AA men and 40% of white men being arrested by age 23, we officially are living in police state. http://rt.com/usa/50-black-40-white-arrested-297/

Welcome to the USSA!!

[Guest062114-5]

While your post has some accurate information, it really isn't on point to the OP's question. I think we are confusing some of the issues. Let me see if I might help.

Originally Posted by woodyboyd

Yes, it is legal to buy noncontrolled drugs over the internet for personal use. Only with a Rx.http://www.tsbp.state.tx.us/consumer/broch4.htm

"Foreign Country— Generally, prescriptions from foreign doctors may not be filled. However, a prescription for a non-controlled drug from a doctor in Canada or Mexico may be filled by a Texas pharmacy if the prescription is in writing. A prescription for a controlled drug from a doctor in Canada or Mexico may NOT be filled in Texas." Here, they are talking about a Texas pharmacist filing a prescription written in another country. This is not permitted.

And yes, you can buy Viagra, Cialis ETC legally for personal use because they are not controlled substances. You maybe able to buy meds from India, but it's illegal to possess them here without a valid Rx

The prescriptions that come from India do not come in a bottle, they come in the original bubble pack packaging. Drug samples given out by doctors are not in prescription bottles as well, and they are legal. The key is that the police can readily identify what the medications are and see that they have no effect on your driving a vehicle. Not exactly true. Pharmaceutical samples are legal, in general because they are given only by physicians. I guarantee you, if you're stopped with a pocketful of drug samples that some one else gave you and they can't verify YOU received them legitimately from a licensed healthcare provider, you will be in trouble.

If you have any pill that is not in properly labeled packaging, the police can assume it interferes with your ability to operate a vehicle and arrest you. I know one person who had a stray Tylenol pill rummaing around her car, and another who had three unlabled generic Viagras and they were both arrested. While it is true that any lose pill can land you in hot water, it's still not ok to have any Rx drug without a valid Rx. It doesn't matter if it affects your ability to drive or not. Also note, you can get a DUI for driving under the influence even if you have a valid Rx.

Given that the police are arresting people for stray Tylenol these days, I would make it very clear that you do not consent to a search with any officer these days. The 4th amendement has been so fucking watered down it practically doesn't exist, but it is important to at least bring it up. I'd agree that it's best to not consent to a search.

With 50% of AA men and 40% of white men being arrested by age 23, we officially are living in police state. http://rt.com/usa/50-black-40-white-arrested-297/ I'll just let this stand on it's own. I applaud you for your desire to see the Constitution upheld and speaking out.

Welcome to the USSA!!

[woodyboyd]

Originally Posted by LilMynx69

I guarantee you, if you're stopped with a pocketful of drug samples that some one else gave you and they can't verify YOU received them legitimately from a licensed healthcare provider, you will be in trouble.

LOL. LM, you are a smart cookie, fair minded, and I suspect a freedom loving libertarian, so it speaks volumes to me how fucking corrupt our government has gotten that you would make the above post. The police talking to your doctor about your medical records is a violation of your 4th amendment rights, and the 4th amendment has been so watered down that you have unwittingly bought into the government's argument that medical records are not protected papers deserving of privacy.

If you don't believe me, you can look more specifically at Texas law, http://www.statutes.legis.state.tx.u...htm/OC.159.htm
Look at section 159.003, section 12, (b)
"This section does not authorize the release of confidential information to investigate or substantiate criminal charges against a patient."

So your doctor releasing any information about you in a criminal matter is illegal, and that includes saying that he did not give you drug samples.

So the police stop me. I have generic Viagra from India in its original packaging. They ask where I got it from. I say that I got it from my doctor. If they ask about who my doctor is, I say that I got the pills from a doctor working in Mexico. That would indicate to the police that the prescription is valid.

The police may scoff, but they have no proof then that you have an invalid prescription, and they are forbidden by law to substantiate that the prescription is in fact invalid.

I think you missed the first sentence about what a pharmacist is allowed to fill. A Texas pharmacist is allowed to fill a prescription from a Mexican doctor for an uncontrolled substance like Viagra. A Texas pharmacist can't fill a prescription from a Mexican doctor for a controlled drug like hydrocodone.

As someone who has Kamagra from India in my car, I do appreciate your contribution on this matter as you have raised my attention on the valid prescription issue, and I would know how to handle the police about this issue now if I were stopped.

[Guest062114-5]

Firstly, thank you for the compliments. I love the law and the United States Constitution, so it truly pleases me when someone else takes a genuine interest in both. However, I think you're letting your displeasure with the current state of our government color your view of the application of Texas criminal law. It can be very complex at times. Even confusing and overwhelming.

While you are correct that Texas law prohibits the government from compelling a physician to release medical records to be used against a defendant. However, it does not preclude the defendant from offering them as evidence to prove his innocence. Two decidedly different things.

Right or wrong, constitutional infringement or not, if you are found to be in possession of an unknown medication that is not in it's original packaging or accompanied by a valid Rx, you will likely go to jail and face criminal charges until you can verify you have a legal right to possess it. That means proof that it's simply an OTC pill or that you have a valid Rx. They will not simply take your word that you have a Rx because, according to the law, you must keep the drug and the Rx together for just this reason.

Additionally, even if the police and your physician violated your rights and released confidential medical records, that would not invalidate your claim of a valid Rx. You simply may have had another doctor write it for you. Perhaps you are saying that if you were asked who wrote that Rx and you gave them the name of your doctor, could they verify it? No. But that doesn't mean thy will drop your case. It would be your responsibility to prove your legal right to possess the drug. Their case was made when they caught you with the drug. The burden then shifts to you to raise a valid defense. In this case your best defense is proof of a valid Rx.

Generally, Texas pharmacies will not fill foreign Rx. However you are correct that they make a small exception for valid, original WRITTEN Rx for uncontrolled medications (from Canada or Mexico only) that can be verified with the prescribing physician.

That said, just because a Texas pharmacy won't fill it, doesn't mean it's illegal per se. You could have Viagra in your car that you had legally prescribed for you in England. Then you were stopped and did not have the original bottle with you. If you present the bottle, your charges will likely be dismissed.

Overall, it is quite dangerous to move about with any substance that appears to be a drug without keeping it in its original packaging ad without a valid Rx.

One last thing. I am a libertarian....am I that obvious?

Fight on, my patriot! Fight on!

[Unique_Carpenter]

Mynx posted her response before I had mine finished on 99% of the same. She is sharp. Mynx's key point: Items in your possession. Thus, it's now up to you, not the cop. A street cop does not care about what will happen (even a dismissal) at District or Appeals court. His job is to get loose pills off the street. If not in a script labeled package, or clearly something simple like aspirin (factory package), their procedure is to assume pill transfers, which are against the law. And some over the counter stuff has seize on sight procedures regardless.
So, I'm left with one small addition related to your mention of: "you now know how to handle the police about this issue if stopped". Never hack off a cop in a discussion (and they have already stopped you for something else) unless you enjoy spending a lot of time with them. And, never carry anything of this nature outside of a factory labeled package (with a script label if applicable).

[woodyboyd]

Originally Posted by Unique_Carpenter

She is sharp. Mynx's key point: Items in your possession. Thus, it's now up to you, not the cop. A street cop does not care about what will happen (even a dismissal) at District or Appeals court. His job is to get loose pills off the street. If not in a script labeled package, or clearly something simple like aspirin (factory package), their procedure is to assume pill transfers, which are against the law. And some over the counter stuff has seize on sight procedures regardless. So, I'm left with one small addition related to your mention of: "you now know how to handle the police about this issue if stopped". Never hack off a cop in a discussion (and they have already stopped you for something else) unless you enjoy spending a lot of time with them. And, never carry anything of this nature outside of a factory labeled package (with a script label if applicable).

A couple of points: samples don't come in packages accompanied by scripts. I agree if you have loose pills lying around that you are asking for trouble. However, if the medication is in properly labeled packaging, and you are stopped and say that the medication did in fact come from a doctor, you are clear. You could get arrested. AS SJ says, you can beat the rap but not the ride, but in court, you are innocent until proven guilty, and the law has to prove the medication you have was not obtained from a doctor.

But I think we are all kind of saying the same things now: drugs have to be in properly labeled packaging, and you have to say that they were prescribed or given to you by a doctor.

On a more realistic level, the person I know who was arrested for having 3 unmarked generic Viagras lying around was put in jail for 2 days, released with no charges pressed against him, and when he got out, his Viagras were gone. So we had on less hardened criminal to worry about. Sorry, I couldn't resist.

[Guest062114-5]

Usually....usually...if you have a properly labeled blister pack, the cops will assume that you received them from your doctor. However, if you have an unreasonable amount, them rest assured, you may be arrested. And it WILL be up to you to prove you have a legal right to possess the drug samples.

Simply stated: a blister pack of Viagra in your pocket...fine. A box of them in your trunk without documentation that you're a licensed healthcare provider or pharmaceutical rep...you're screwed.

[cbs200]

What should foreign visitors do who bring meds from their home country?

In some countries, the pharmacy keeps the scrip written by the doctor and just gives you the medication in the factory packaging. There is no label on it showing your name, name of doctor, etc. The most you could bring with you is a printed receipt showing that it was purchased at a pharmacy in Berlin or wherever.

There is also the issue that someone may bring legally perscribed meds with them which are not FDA approved yet. EU approves all new drugs more quickly and still has high safety standards.

[Guest062114-5]

Originally Posted by cbs200

What should foreign visitors do who bring meds from their home country?

In some countries, the pharmacy keeps the scrip written by the doctor and just gives you the medication in the factory packaging. There is no label on it showing your name, name of doctor, etc. The most you could bring with you is a printed receipt showing that it was purchased at a pharmacy in Berlin or wherever.

There is also the issue that someone may bring legally perscribed meds with them which are not FDA approved yet. EU approves all new drugs more quickly and still has high safety standards.

I actually was not familiar with the applicable laws, but I think the link below does a good job of explaining.

http://www.pharmacy.ca.gov/publicati..._countries.pdf

[Crock]

Originally Posted by woodyboyd

On a more realistic level, the person I know who was arrested for having 3 unmarked generic Viagras lying around was put in jail for 2 days, released with no charges pressed against him, and when he got out, his Viagras were gone. So we had on less hardened criminal to worry about. Sorry, I couldn't resist.

I can't believe you actually said that.