You cannot mail a controlled substance unless you and the person you are mailing the drugs to are registered with the Drug Enforcement Agency or are exempt from the registration requirement. (Law enforcement, civil defense workers, and members of the military do not need to register with the DEA). Any type of narcotic drug or drug derivative is considered a controlled substance under federal law.
You should know the following before mailing any controlled substances:
1 All prescriptions must be written by a physician who has given you a prescription for the drug. If the prescription is written by another doctor it may say "prescription required" on it. These prescriptions can be faxed or sent in a letter with your name, address, and phone number along with that of the receiving physician. The prescription should include your name, address, and telephone number as well as his/her's. You should keep this information on file for future reference.
2 A pharmacist will not fill a prescription if he/she does not have the proper identification. This includes a state license, as well as a DEA certificate of analysis on which the pharmacist records the identity of the drug. Some pharmacies require an employee ID number to be provided before they will fill a prescription.
3 There are three types of controlled substances: Narcotics, psychotropics, and chemically defined substances.
Controlled substances are drugs that the federal government tightly controls. The person receiving the drug must be listed as an authorized user on a valid prescription from a practitioner. An authorized user is defined as "a person who has been given permission by a practitioner to receive a controlled substance for their own use."
It is recommended but not required that you write your prescriptions for controlled substances. If you choose to mail them instead of handing them out in person, be sure to include forms with your prescription that allow someone to collect it from the post office.
Mail delivery is usually the most efficient way to have patients pick up their prescriptions at multiple locations. However, if you only have one location, you can send people away from home for care using this method too. Just make sure that anyone collecting your prescriptions knows how to identify an actual user vs. a thief trying to sell the drugs off online.
Mailing prescription medications is only permitted when done by businesses registered with the DEA. The only time you can send prescription medications by mail is if you or the receiver are exempt from DEA registration. Send medications through a licensed courier service instead.
Prescription medications in your possession without a valid prescription from a doctor should be disposed of immediately. If you have any concern about the validity of a prescription, you should call your local pharmacy and ask them whether the prescription is legitimate. You could also contact the prescribing physician to confirm the validity of the prescription.
Federal law prohibits anyone from sending drugs through the mail who they know are being sent to individuals under the age of 18. Even if the recipient is an adult, drugs sent through the mail should not be addressed to children's names or to addresses where someone other than the intended recipient can pick up the package. Sending drugs through the mail is punishable by up to five years in prison and a fine of up to $250,000.
If you are caught mailing prescription medications you should know that this acts as consent for the government to search your belongings and home. They may find other medications that are illegal to send through the mail and use this as grounds for additional charges. It is important to read all information provided by drug companies before taking any action related to their products.
Federal Law on Prohibited Mail Narcotics: Since controlled substance distribution is unlawful under 21 U.S.C. 801-971, the mailing of any controlled substance through the U.S. Postal Service is also unlawful under 18 U.S.C. 1716. To legally mail controlled substances, the mailer and addressee must be registered with the DEA. The registrant (mailer or addressee) may be required to complete an application for registration. Registration remains in effect until it is terminated by the registrant or revoked by the DEA.
It is important to understand that even if you have a prescription for a controlled substance, it does not relieve you of the obligation to comply with federal law. In addition, you could be committing a crime by violating your physician's order or failing to report your change in circumstances such as marriage or becoming pregnant. These are all factors that must be considered when deciding how to proceed with sending or delivering a controlled substance by mail.
What are the penalties for mailing a controlled substance? Under federal law, the penalty for mailing a prohibited quantity of drugs varies depending on whether the package contains or has secreted within it a money order, check, or other payment instrument. If so, the offender can be fined and/or imprisoned. Otherwise, the only penalty for mailing a controlled substance is revocation of registration by the DEA. There is no specific penalty provided for by law but the agency will take action based on its regulations.
Does shipping marijuana violate federal law? Yes.
Because of the Controlled Substances Act (CSA), which governs the manufacture, importation, and distribution of Schedule I, II, III, IV, and V medications, controlled substances, for example, have unique mailing requirements. Mail-order pharmacies may ship restricted medications as long as they are labeled in accordance with federal and...
Once the entities are registered with the DEA, it is completely lawful for them to ship prescription medications as long as they are functioning legally and have genuine prescriptions for their mail. Prescription medications can be mailed by the United States Postal Service if certain requirements are satisfied. The sender must provide a return address where the package can be returned if not delivered or refused by the addressee. Packages should be sent via certified mail, return receipt requested.
The use of the U.S. mails to send illegal drugs has been an issue of public concern since before the 1960s when marijuana became widely available. Since that time, various states have passed laws prohibiting the mailing of drugs without a special permit from the postmaster general. These permits can be obtained from the Postmaster General's Office on a case-by-case basis.
It is an offense under federal law to send through the mail anything that contains a controlled substance. Penalties include fines and up to five years in prison. Persons who knowingly violate this law may be able to obtain immunity by reporting themselves to the proper authorities and agreeing to refrain from engaging in such conduct again.
The legality of sending prescription drugs through the mail was addressed in a 1973 decision by the Attorney General's office. The opinion concluded that the mailing of prescription drugs does not violate any federal statute provided that all persons involved in the mailing are aware that the items being mailed contain drugs.