Cecily Zamora
In most circumstances, it is illegal for individuals to import drugs or devices into the U.S. for personal use because these products purchased from other countries have often not been approved by the FDA for use and sale in the U.S. However, the FDA will allow foreign nationals to bring or ship a 90-day supply of drug products into the U.S. and certain states, such as Florida, have been authorised by the FDA to import prescription drugs from Canada.
| Characteristics | Values |
|---|---|
| Importing drugs from Canada to the US | In most circumstances, it is illegal for individuals to import drugs or devices into the U.S. for personal use. |
| Importing controlled substances | The Drug Enforcement Agency (DEA) decides whether controlled substances are allowed to be imported for personal use. |
| Importing medical marijuana | Medical marijuana is not regulated by the FDA. Contact Customs and Border Protection (CBP) for questions about admissibility. |
| Importing prescription drugs | The FDA allows foreign nationals to bring or ship a 90-day supply of prescription drugs. If staying longer, additional medication can be sent. |
| Importing FDA-approved drugs | The FDA has been directed by current law to exercise discretion in permitting personal importation of drugs when they are "clearly for personal use and do not present an unreasonable risk to the user." |
| Importing prescription drugs to Canada | Visitors entering Canada may bring a personal quantity of prescription drugs for their own use or for the use of a person or animal under their care. |
| Importing cannabis to Canada | It is illegal to enter Canada with cannabis unless you have an exemption for a prescription medication containing cannabis authorized by Health Canada. |
| Importing alcohol to Canada | Alcohol can be brought into Canada but must be declared at the border and there are limits on the quantities that can be brought in. |
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What You'll Learn
- US citizens can bring a 90-day supply of prescription drugs into the US
- Controlled substances are subject to DEA and FDA approval
- Medical marijuana is not regulated by the FDA
- Medications must be in their original containers with a pharmacy label
- Prescription drugs must be presented to a screening officer for inspection
US citizens can bring a 90-day supply of prescription drugs into the US
In most circumstances, it is illegal for individuals to import drugs or devices into the US. However, the US Food and Drug Administration (FDA) allows foreign nationals to bring or ship a 90-day supply of prescription drugs into the US. This is under the FDA's Personal Importation Program.
Foreign nationals intending to bring prescription drugs into the US must ensure that the medication is for their own use during their stay. They may be required to provide documentation as evidence, including a copy of their visa and passport, a letter from their doctor, and a copy of their prescription in English. It is important to note that the medication should be in its original container with the doctor's instructions printed on the bottle. If the original container is unavailable, a copy of the prescription or a letter from the doctor explaining the condition and the need for the medication should be presented.
For those staying longer than 90 days, additional medication can be sent by mail or courier. The same criteria apply to animal drugs, but instead of a letter from a physician, a letter from the licensed veterinarian treating the animal should be provided.
It is important to be cautious when purchasing medications outside of Canada. Some medications may not meet Canadian standards or be accepted in certain destinations due to cultural or legal reasons. For example, travelling with any amount of cannabis, including medical marijuana, is prohibited in the US unless authorized by Health Canada. Always remember to declare prescription medication with controlled substances to a CBSA border services officer when entering Canada.
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Controlled substances are subject to DEA and FDA approval
The Controlled Substances Act (CSA) places all substances under federal law into one of five schedules. The placement of a substance within these schedules is based on its medical use, potential for abuse, safety, and dependence liability. The CSA also provides a mechanism for substances to be controlled, added to or transferred between schedules, or decontrolled.
Proceedings to add, delete, or change the schedule of a drug or other substance may be initiated by the Drug Enforcement Administration (DEA), the Department of Health and Human Services (HHS), or by petition from any interested party, including the manufacturer of a drug, a medical society, or an individual citizen. The DEA collects all relevant data and requests a scientific and medical evaluation and recommendation from the Food and Drug Administration (FDA). Once the DEA receives this information, it evaluates all the data and makes a final proposal.
The enforcement and regulation of the CSA are also under the purview of the DEA, which oversees the registration system of who is authorized to manage controlled substances. All individuals and firms that are registered are required to maintain complete and accurate inventories and records of all transactions involving controlled substances, as well as security for the storage of controlled substances.
To be considered valid, a controlled substance prescription must meet several criteria. It must be issued by a practitioner in the usual course of their practice and be given for a legitimate medical purpose. If these criteria are not met, and the prescription has still been refilled, the person dispensing the medication is subject to penalties for violating the CSA.
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Medical marijuana is not regulated by the FDA
While the FDA does not explicitly object to the clinical investigation of cannabis for medical use, it has not approved any marketing application for cannabis for the treatment of any disease or condition. The FDA has approved one cannabis-derived and three cannabis-related drug products. However, the National Institute on Drug Abuse (NIDA) Drug Supply Program provides research-grade marijuana for scientific study. NIDA is responsible for overseeing the cultivation of marijuana for medical research and has contracted with the University of Mississippi to grow marijuana for research at a secure facility.
The FDA treats products containing cannabis or cannabis-derived compounds as it does any other FDA-regulated products. This means that they are subject to the same authorities and requirements as FDA-regulated products containing any other substance. However, the lack of FDA approval and oversight for certain drugs means that the safety, effectiveness, and quality of the drug may vary considerably.
The Agriculture Improvement Act of 2018 (also known as the Farm Bill) removed hemp, a type of cannabis that is very low in THC, from controls under the Controlled Substances Act (CSA). Despite this, the 2018 Farm Bill preserved the FDA's authority to regulate products containing cannabis or cannabis-derived compounds under the FD&C Act and the Public Health Service Act (PHS Act).
In terms of travelling with medical marijuana, it is important to note that the laws and regulations vary depending on the country or state. For example, in Canada, it is illegal to enter with cannabis unless you have an exemption for a prescription medication containing cannabis authorized by Health Canada. Additionally, travelling with market-approved prescription drugs containing cannabis may be permitted under a travel class exemption, while other forms of cannabis for medical purposes require an individual exemption issued by Health Canada on a case-by-case basis. In the United States, the laws regarding the possession and use of illegal drugs, including cannabis, can vary by state, and it is essential to abide by local laws and regulations.
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Medications must be in their original containers with a pharmacy label
When bringing medications from Canada to the US, it is important to ensure that they are in their original containers with a pharmacy label. This is a crucial aspect of travelling with prescription drugs and can help ensure a smooth journey and avoid any potential issues.
Firstly, having the medications in their original containers with clear labelling can facilitate ease of identification and verification during the screening process. Airport security and customs officials may need to inspect your medications, and having them in their original, properly labelled containers can expedite this process. It allows screening officers to quickly identify and verify the contents, reducing the risk of delays or misunderstandings.
Additionally, carrying medications in their original containers with pharmacy labels can help travellers themselves keep track of their medications and ensure they are taking the correct doses as prescribed. This is especially important when travelling, as maintaining a consistent medication routine can be challenging due to changes in routine and environment. Proper labelling can also help travellers easily distinguish between different medications, particularly if they are managing multiple health conditions.
Furthermore, in the event of an emergency or unexpected situation, having medications in their original containers with clear labels can assist medical personnel in providing prompt and accurate treatment. It enables healthcare providers to quickly identify the medications a person is taking, their dosage, and any other relevant information, which can be crucial in making informed decisions regarding emergency care.
It is also worth noting that some medications may require special handling or storage conditions, such as refrigeration or strict temperature control. Having the original container with the appropriate pharmacy label can help communicate these requirements clearly to both airport security and medical professionals, ensuring the medications are stored and transported safely and effectively.
Lastly, travellers should be aware that laws and regulations regarding the transportation of medications across borders may vary. While having medications in their original containers with pharmacy labels is a recommended practice, travellers are advised to check with relevant authorities, such as customs and border control agencies, to understand any specific requirements or restrictions pertaining to the transportation of medications between Canada and the US.
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Prescription drugs must be presented to a screening officer for inspection
When travelling to the US from Canada, it is important to be aware of the laws regarding bringing medications across the border. In most circumstances, it is illegal for individuals to import drugs or devices into the US for personal use. This is because products purchased from other countries may not have been approved by the FDA for use and sale in the US.
However, the FDA does allow foreign nationals to bring or ship a 90-day supply of prescription drugs into the country. If a traveller is staying longer than 90 days, they may have additional medication sent to them. It is important to note that prescription drugs must be presented to a screening officer for inspection. This includes all prescription and essential non-prescription medications. Medications that require special handling or storage, such as refrigeration or strict temperature control, should be declared to the screening officer. This also applies to medications that are in liquid form and exceed 100ml.
Sterile-packaged medications may undergo additional screening, including visual and physical inspection, and travellers should inform the screening officer of the sterile nature of the packaging. Travellers should also be aware that controlled substances, such as medical marijuana, may be subject to different regulations and restrictions. It is recommended to contact Customs and Border Protection (CBP) for specific information regarding the admissibility of these substances.
When bringing prescription medication into the US, it is important to follow all laws and regulations to avoid any legal issues. Travellers should also be aware that the US has a zero-tolerance policy regarding illegal drugs, including possession and use.
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Frequently asked questions
In most circumstances, it is illegal for individuals to import drugs or devices into the U.S. for personal use because these products purchased from other countries often have not been approved by the FDA for use and sale in the U.S. However, the FDA will allow foreign nationals to bring or ship a 90-day supply of drug products into the country. If the foreign national is staying longer than 90 days, they may have additional medication sent to them.
If your prescription drug is a controlled substance, you must declare it to a CBSA border services officer (BSO) when entering Canada. When travelling outside of Canada, prescription medications with controlled substances must not break the laws and regulations of the country of destination.
Medical marijuana is not regulated by the FDA. You should contact Customs and Border Protection (CBP) for questions about the admissibility of medical marijuana.
