09 Aug Is it legal to buy modafinil in the US?
The questions of legalities are what crosses the minds of several users who have heard of the benefits of the smart drugs from their friends or families and want to give it a try but often step back in fear of disobeying the law and facing legal issues.
Here in this article, we will provide you a crystal-clear picture of the legalities of modafinil. Reading which you will be able to decide yourself whether it’s worth giving a try.
FDA guidelines and allowance
In most events it is not legal to import drugs to the USA for personal use. The reason being that the drugs purchased online are often unverified of being US FDA approved. For example, a drug approved by Health Canada (FDA’s counterpart in Canada) but unapproved by FDA will be illegal to import to the USA. As the safety and the potency of the drug cannot be ensured. However, there are certain circumstances in which personal import is allowed. Let’s check:
- “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.” (13)
Modafinil use in USA
Modafinil which is an ‘eugeroic’ was initially developed in France, sold on prescription since 1994 under the name Modiodal while U.S FDA approved it in1998 and it was sold under the name Provigil.
Hence, whether its USA or any other country in the world, modafinil is legal to be sold on prescription for
-obstructive sleep apnea
-shift work sleep order.
So, the questions remain: what if you don’t have a prescription? What if you order from an online pharmacy?
Though that varies from country to country, for example in India its not illegal but here as we talk about USA where modafinil is categorised under schedule IV by DEA.
“Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs are:
Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol” (14)
so, the most transparent answer would be no, it is not legal to import modafinil for personal use without prescription.
If you go by the books, it is clearly stated that no one other than DEA authorised importer is allowed to import this nootropic. In fact, one might be charged for the possession of this drug without prescription.
So, if it’s illegal to buy modafinil from oversea vendors without prescription.
But what we have to consider here is the intensity of the ‘crime’ that we are committing by purchasing modafinil online and the extremities of the consequences that we might have to face for the same.
Let’s elaborate on the possible results of ordering modafinil from an online pharmacy:
1. Your order gets safely delivered at your doorstep because the customs officials did not find it necessary to scrutinize your package and allowed it to go through (which happens almost for 99% of the time).
2. Your package gets seized by customs and you are sent a seizure letter from the county’s border agencies demanding for a valid prescription to release your package. In such circumstances, you are left with two options if you are an US citizen. Either you choose not to respond to this letter in which case the package will be destroyed in 30 days or returned to the vendor, or you can propose to engage in a legal process to claim your forfeited goods. For obvious reasons it’s smarter to do nothing and let them return or destroy the package.
In most cases the vendor will reship your product or give you a refund.
3. At the worst case you can be prosecuted by your government, although no such instances have ever been reported in the USA till date. Such a situation can occur for people trying to import huge quantities, let’s say thousands together and sometimes packed with other illegal drugs like narcotics.
Hence, we can say from our several years of experience that although there are certain legalities of importing modafinil but chances of being prosecuted for the same is almost zero. Considering the fact that the import is limited to personal use and moderate quantities are ordered. It must never be attempted to sell.
You can be fairly assured of a smooth delivery of your smart drug if you order from one of the trusted vendors who even have the provision of full refund or reshipment in the worst case of your package getting confiscated (which is just 1%of the time).