04-23-2016, 11:44 PM
Hi IceCreamMan (every time I see your handle I think of the David Lee Roth incarnation of Van Halen's song),
USPS and Customs are two completely separate entities. Here's how USPS explains the process for incoming foreign mail:
Foreign mail is accepted by a USPS International Point of Exchange, these are located at Seaports and Airports.
All foreign mail is subject to inspection by US CBP (Customs and Border Patrol), except for:
Mail believed to contain articles liable to customs duty or prohibited articles is submitted immediately to a customs location as identified in 711.62[url=http://pe.usps.com/text/imm/immc7_001.htm#ep28696][/url], except when exchange offices are authorized to redispatch such mail to designated distribution offices for customs treatment.
Did you catch that? Mail believed to contain articles liable to customs duty or prohibited articles...
Hm. So now we have a subjective decision being made by a USPS worker as to whether he or she believes a mail item contains prohibited articles. If not, the article is immediately processed for onward dispatch without inspection by CBP. It wouldn't be wise to describe here the criteria used by USPS to make that subjective decision, but some Googling will get you that answer. Suffice it to say there's a reason some vendors consistently have 90+ % delivery success rates.
Now, as for the supposed "90-day supply" loophole:
Not to belabor the point (or come across as a jackass), the FDA really has caused problems for a lot of people with their guidance regarding 90-day supplies, to wit:
In most circumstances, it is illegal for individuals to import drugs into the United States for personal use. This is because drugs from other countries that are available for purchase by individuals often have not been approved by FDA for use and sale in the United States. For example, if a drug is approved by Health Canada (FDA’s counterpart in Canada) but has not been approved by FDA, it is an unapproved drug in the United States and, therefore, illegal to import. FDA cannot ensure the safety and effectiveness of drugs that it has not approved.
FDA, however, has a policy explaining that it typically does not object to personal imports of drugs that FDA has not approved under certain circumstances, including the following situation:
But what about drugs that ARE FDA approved, and available commercially (with a prescription)?
It must be emphasized that the intent of the personal use importation guidance is to save FDA resources and to generally permit, through the exercise of enforcement discretion, medical treatments sought by individuals that are not otherwise available in the United States (where such treatments are not promoted/commercialized in the U.S.). Thus, foreign-made chemical versions of drugs available in the U.S. are not intended to be covered by the policy. For example, a person may decide that his or her FDA approved heart medication is cheaper in Mexico, and attempt to import the unapproved version of the drug from Mexico. FDA cannot assure that such products have been properly manufactured and are effective; therefore, given that such products are available in the U.S., their use would present an unreasonable risk and the guidance would not apply (unless the person seeking their importation could establish that the drugs were needed to refill a prescription while traveling or were otherwise needed while traveling).
Likewise, a drug such as Valium is available in the U.S. and, as such, a foreign-made version of the U.S. approved drug would not generally be considered a candidate to be permitted entry under the guidance. However, because the United States Drug Enforcement Administration (DEA) may have specific requirements that apply to the importation of controlled substances such as Valium, FDA's guidance on personal importations specifically provides that controlled substances should be returned to Customs for handling.
That's pretty clear. If a drug is approved by the FDA and available in the US, then it is illegal to order that drug from foreign pharmacies. Now, given CBP's budget and manpower constraints, the only consequence of a CBP seizure at an international point of exchange a buyer will ever see is an LL, providing the amount confiscated isn't enough to supply a city block for 30 days (those quantities of drugs enter the US via methods that avoid USPS and CBP altogether, and they are the ones DEA is most interested in)
As always, this isn't gospel or holy writ, except for the part about the illegality of ordering drugs from foreign pharmacies. I wrote earlier in this thread about how accidents or stupidity can result in more than an LL for an IOP order, so I won't repeat it here - In the end, the song remains the same, you plays the game, and you takes your chances.
Best,
- b2g
Oh, and for you, IceCreamMan:
USPS and Customs are two completely separate entities. Here's how USPS explains the process for incoming foreign mail:
Foreign mail is accepted by a USPS International Point of Exchange, these are located at Seaports and Airports.
All foreign mail is subject to inspection by US CBP (Customs and Border Patrol), except for:
- Mail addressed to ambassadors and ministers (chiefs of diplomatic missions) of foreign countries.
- Letter mail known to contain or believed to contain only correspondence or documents addressed to diplomatic missions or to the officers of diplomatic missions; to international organizations designated by the president as public international organizations pursuant to the International Organizations Immunities Act; and other mail addressed to such international organizations pursuant to instructions issued by the U.S. Department of the Treasury.
- Mail known to contain or believed to contain only official documents addressed to officials of the U.S. government.
Mail believed to contain articles liable to customs duty or prohibited articles is submitted immediately to a customs location as identified in 711.62[url=http://pe.usps.com/text/imm/immc7_001.htm#ep28696][/url], except when exchange offices are authorized to redispatch such mail to designated distribution offices for customs treatment.
Did you catch that? Mail believed to contain articles liable to customs duty or prohibited articles...
Hm. So now we have a subjective decision being made by a USPS worker as to whether he or she believes a mail item contains prohibited articles. If not, the article is immediately processed for onward dispatch without inspection by CBP. It wouldn't be wise to describe here the criteria used by USPS to make that subjective decision, but some Googling will get you that answer. Suffice it to say there's a reason some vendors consistently have 90+ % delivery success rates.
Now, as for the supposed "90-day supply" loophole:
Not to belabor the point (or come across as a jackass), the FDA really has caused problems for a lot of people with their guidance regarding 90-day supplies, to wit:
In most circumstances, it is illegal for individuals to import drugs into the United States for personal use. This is because drugs from other countries that are available for purchase by individuals often have not been approved by FDA for use and sale in the United States. For example, if a drug is approved by Health Canada (FDA’s counterpart in Canada) but has not been approved by FDA, it is an unapproved drug in the United States and, therefore, illegal to import. FDA cannot ensure the safety and effectiveness of drugs that it has not approved.
FDA, however, has a policy explaining that it typically does not object to personal imports of drugs that FDA has not approved under certain circumstances, including the following situation:
- The drug is for use for a serious condition for which effective treatment is not available in the United States;
- There is no commercialization or promotion of the drug to U.S. residents;
- The drug is considered not to represent an unreasonable risk;
- The individual importing the drug verifies in writing that it is for his or her own use, and provides contact information for the doctor providing treatment or shows the product is for the continuation of treatment begun in a foreign country; and
- Generally, not more than a 3-month supply of the drug is imported.
But what about drugs that ARE FDA approved, and available commercially (with a prescription)?
It must be emphasized that the intent of the personal use importation guidance is to save FDA resources and to generally permit, through the exercise of enforcement discretion, medical treatments sought by individuals that are not otherwise available in the United States (where such treatments are not promoted/commercialized in the U.S.). Thus, foreign-made chemical versions of drugs available in the U.S. are not intended to be covered by the policy. For example, a person may decide that his or her FDA approved heart medication is cheaper in Mexico, and attempt to import the unapproved version of the drug from Mexico. FDA cannot assure that such products have been properly manufactured and are effective; therefore, given that such products are available in the U.S., their use would present an unreasonable risk and the guidance would not apply (unless the person seeking their importation could establish that the drugs were needed to refill a prescription while traveling or were otherwise needed while traveling).
Likewise, a drug such as Valium is available in the U.S. and, as such, a foreign-made version of the U.S. approved drug would not generally be considered a candidate to be permitted entry under the guidance. However, because the United States Drug Enforcement Administration (DEA) may have specific requirements that apply to the importation of controlled substances such as Valium, FDA's guidance on personal importations specifically provides that controlled substances should be returned to Customs for handling.
That's pretty clear. If a drug is approved by the FDA and available in the US, then it is illegal to order that drug from foreign pharmacies. Now, given CBP's budget and manpower constraints, the only consequence of a CBP seizure at an international point of exchange a buyer will ever see is an LL, providing the amount confiscated isn't enough to supply a city block for 30 days (those quantities of drugs enter the US via methods that avoid USPS and CBP altogether, and they are the ones DEA is most interested in)
As always, this isn't gospel or holy writ, except for the part about the illegality of ordering drugs from foreign pharmacies. I wrote earlier in this thread about how accidents or stupidity can result in more than an LL for an IOP order, so I won't repeat it here - In the end, the song remains the same, you plays the game, and you takes your chances.
Best,
- b2g
Oh, and for you, IceCreamMan: