Legal Question in Civil Litigation in Wisconsin

ordering medications overseas

If I order the drug adrafinil from an

overseas pharmacy company, is it

illegal. I do not have a prescription.

Adrafinil has not been evaluated by

the FDA, but a similar, drug called

modafinil, has been listed as a

Schedule 4 controlled substance?


Asked on 2/13/09, 3:20 am

2 Answers from Attorneys

JAY Nixon nixon law offices

Ordering Medications (Modafinil) Overseas, Controlled Substance Violations

Beware of purchasing any drug or supplement from anywhere other than a government licensed pharmacy. Additionally, even government licensed pharmacies may be suspect in certain third world countries. You should therefore only trust government certifications from developed countries. For all you know, you could be receiving rat poison if you order from anywhere else. Such sellers are unregulated, uninspected and could potentially be fraudsters who may steal your credit card number in addition to sending you mislabeled products. Whether or not Modafinil is a controlled substance is a question best answered by a licensed pharmacist or professor of chemistry. Before they can answer the question, they will need to exact chemical formulation of the drug (or a sample for lab testing) rather than the trade name. Drug definitions in the uniform controlled substances act often include minor variants of any scheduled drug as well as its metabolites (substances remaining in the body after use) and precursors (ingredients). Importation of drugs with a valid prescription from a licensed government pharmacy is also technically illegal, although these regulations have not been vigorously enforced by the past administration in Washington DC. Importation of prescriptions is therefore extremely widespread in the U.S. and can often lead to huge cost savings over U.S. prices for the same substance. All this being said, please be clear on the fact that I am not your attorney and my comments in this online forum are not intended as legal advice for you. Instead, you must make an appointment with me or any other experienced criminal lawyer to discuss their possible acceptance of your case. Good luck!

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Answered on 2/18/09, 9:14 am
JAY Nixon nixon law offices

Ordering Medications (Modafinil) Overseas, Controlled Substance Violations

Beware of purchasing any drug or supplement from anywhere other than a government licensed pharmacy. Additionally, even government licensed pharmacies may be suspect in certain third world countries. You should therefore only trust government certifications from developed countries. For all you know, you could be receiving rat poison if you order from anywhere else. Such sellers are unregulated, uninspected and could potentially be fraudsters who may steal your credit card number in addition to sending you mislabeled products. Whether or not Modafinil is a controlled substance is a question best answered by a licensed pharmacist or professor of chemistry. Before they can answer the question, they will need to exact chemical formulation of the drug (or a sample for lab testing) rather than the trade name. Drug definitions in the uniform controlled substances act often include minor variants of any scheduled drug as well as its metabolites (substances remaining in the body after use) and precursors (ingredients). Importation of drugs with a valid prescription from a licensed government pharmacy is also technically illegal, although these regulations have not been vigorously enforced by the past administration in Washington DC. Importation of prescriptions is therefore extremely widespread in the U.S. and can often lead to huge cost savings over U.S. prices for the same substance. All this being said, please be clear on the fact that I am not your attorney and my comments in this online forum are not intended as legal advice for you. Instead, you must make an appointment with me or any other experienced in order to get any sort of advice upon which you can make your final decision. Good luck!

Read more
Answered on 2/18/09, 9:27 am


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