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The Online Pharmacy and Prescription Drugs
By Aaron Larson
Law Offices of Aaron Larson
July, 2003
Contents
Are Online Pharmacies Legal?
Why Do People Use Online Pharmacies?
Is It Always Cheaper?
As online pharmacies gain a larger share of the prescription drug market, consumers must be aware of the possible problems associated with obtaining an online prescription for a medication, or purchasing a drug online. These issues become even more significant when ordering from overseas pharmacies, including those in Mexico.

Are Online Pharmacies Legal?
In general, a United States resident with a valid prescription may import up to ninety (90) days supply of a medication for personal use. Thus it is ordinarily lawful to purchase drugs online, including from other states or countries. Some states have attempted to restrict the import of drugs, particularly those obtained through online prescription services, or through pharmacies not licensed to dispense medications in those states.

At present, a number of online pharmacies have suspended operations due to a decision by the FDA to act against online pharmacies that engage in the online prescription of controlled substances. In addition, the FDA and DEA require that an individual be examined in person by the prescribing physician before receiving certain controlled substances from an online pharmacy, as opposed to completing an online questionnaire that is later reviewed by a doctor. It is not clear what the ultimate resolution of the intervention will be.

Why Do People Use Online Pharmacies?
There are two leading reasons why people choose to obtain prescription drugs online. The first is cost. Due to the economics of health care in the United States, consumers often must pay a significantly higher price for medication than consumers in other countries. A second reason is privacy. Some people prefer to obtain their prescriptions online, even at a higher cost, than to consult a doctor in person about issues such as depression, hair loss, or erectile dysfunction. Sales of antidepressant medications, Viagra, Propecia, and diet drugs such as Phentermine or Xenical are now an enormous business.

For many years, consumers near Canada have driven across the border to buy their drugs at considerable savings from Canadian pharmacies. Now consumers across the country can purchase from a Canadian pharmacy by mail. Canadian pharmacies typically require proof of identity and a valid prescription. Unless issued by a doctor who is also licensed to practice medicine in Canada, U.S. prescriptions will be reissued by a Canadian doctor. U.S. consumers near the Mexican border have also historically crossed the border to make drug purchases from Mexican pharmacies, but as described below there are special concerns raised by purchasing drugs from a Mexican pharmacy.

Is It Always Cheaper?
It is usually possible to obtain savings by purchasing prescription drugs online, even from a major U.S. pharmacy, when you have a prescription issued to you in person. It is usually not cheaper to obtain medications through an online prescription service, which usually marks up the price substantially even when nominally offering a "free" prescription. That mark-up may be comparable to the cost of an in-person medical examination, and may significantly exceed that cost when refills will be required.

Also, as noted above, price cannot always be the leading consideration. If you don't know that you will be receiving the actual medication that was prescribed for you, you must put safety ahead of price.

For additional information, please see these associated articles:
Government Concerns About Online Pharmacies
http://www.expertlaw.com/library/consumer/pharmacy_concerns.html

Protecting Yourself While Using An Online Pharmacy
http://www.expertlaw.com/library/consumer/safe-online_pharmacy.html

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In addition, the FDA and DEA require that an individual be examined in person by the prescribing physician before receiving certain controlled substances from an online pharmacy, as opposed to completing an online questionnaire that is later reviewed by a doctor. It is not clear what the ultimate resolution of the intervention will be.