Comment · Sun, January 26, 2014 · Ceretropic
US "Love Letter"
Original post in this thread
btcaway1 · 2 points
SWIM had a package seized by customs, the contents was replaced by a "foreign is risky" leaflet, there was also s green DEA sticker on the envelope, is this normal?
What they were answering
judasblue · 7 points
Mister, I wouldn't file a formal complaint with customs. They only reason it isn't a chargeable offense out of the gate is that it takes too much effort for them to prove he actually ordered the drugs and they weren't just sent to him. The 90 day supply thing is only for physical travel, any shipping of scheduled drugs to a US address without either coming from a US pharmacy or having a pharma license is illegal. This is one of the more pervasive misunderstandings I see about this stuff.
* EDIT: I am not actually sure what fines or penalties are associated with this, tho. Might be none. I went too far with the chargeable offense line. I am not willing to wade through the Food Drug and Cosmetic Act to figure it out.
But here is the reference to this being prohibited:
https://help.cbp.gov/app/answers/detail/a_id/320/kw/Prescription%20Drugs%20through%20mail
u/MisterYouAreSoDumb · Ceretropic
Ohh, I wouldn't either. But he does have the option if he wants to go down that road.
I do not think he would be charged. That's too much work and cost for such a small offense. They would, however, make his life hell any way they could.
Also, modafinil is approved for sale and use in the United States. So they would have to make a case that he was knowingly importing a misbranded drug.
According the US code:
(A) A drug that is subject to paragraph (1) shall be deemed to be misbranded if at any time prior to dispensing the label of the drug fails to bear, at a minimum, the symbol “Rx only”.
(B) A drug to which paragraph (1) does not apply shall be deemed to be misbranded if at any time prior to dispensing the label of the drug bears the symbol described in subparagraph (A).
So since the drugs being being shipped in blister packs with appropriate branding, I do not think they could make that case. However, there are countless subsections that go into some serious detail about what is not allowed. So I would not risk going up against them legally. There is a directive that customs can allow small amounts through for personal use. However, it states that it is at the discretion of the customs officer. If they decide to not let it through, then obviously you got one who is not going to give you that discretion.
Also, if you were to file a complaint and make their life harder, I would not doubt that they would get you to sign some paper admitting liability to one the countless subsections on the books. Obviously I am not a lawyer, so one would have to chime in to get the real story. But is all the risk worth the negligible loss of some modafinil? I do not think so.