Can you mail prescription drugs to a family member

453 controlled substances and drugs

453.1 definitions

453.11 controlled substances

A controlled substance is any anabolic steroid, narcotic, hallucinogen, stimulant, or depressant identified in Schedules I through V of the Controlled Substances Act at 21 U.S.C. 801 and implementing regulations at 21 cfr 1300.

Controlled substances include poisons, compositions containing poisons, poisonous drugs and medicines, or materials that can kill or injure within the intent and meaning of 18 u.s.c. 1716.

453.12 drugs

The term “drug” refers to:

1. prescription drugs are authorized drugs that require a written order from a physician or pharmacist before they can be obtained. Certain poisonous (toxic) drugs and medications may be subject to the requirements for materials in Division 6.1 in Chapter 3.
2. Over-the-counter drugs are drugs that can be obtained without a prescription. this includes proprietary drugs and related items such as aspirin, antiseptics, cold remedies, diet pills, and cosmetic medications that do not contain a controlled substance and are not poisonous drugs or medications.

453.13 drug paraphernalia

The term “drug paraphernalia” means any equipment, product or material intended or designed primarily for use in the manufacture, compounding, conversion, concealment, production, processing, preparation, injection, ingestion, inhalation or introduction into the human body a controlled substance.

examples of drug paraphernalia are items intended or designed primarily for the ingestion, inhalation, or introduction of marijuana, cocaine, hashish, hash oil, pcp, or amphetamines into the human body, such as metal, wood, acrylic, glass, stone pipes , plastic or ceramic with or without screens, permanent screens, hash heads or perforated metal bowls; water pipes, cam pipes, carburetor pipes, electrical pipes, ice or cooler pipes, and air-driven pipes; carburizing pipes and devices; smoking and carburizing masks; cockroach tongs (i.e., objects used to hold burning material that is too small or short to hold in the hand); miniature spoons with level capacities of 1/10 cubic centimeter or less; chilies; bongs; cigarette paper with wire; and cocaine freebase kits.

453,131 determination

In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, these factors may be considered:

1. oral or written instructions or other descriptive materials provided with the item that explain or depict its use.
2. national and local publicity about its use.
3. how in that the item is being displayed for sale.
4. if the owner, or any person having control of the item, is a legitimate supplier of similar or related items to the community, such as an authorized dealer or dealer of tobacco products.
5. direct or circumstantial evidence of the relationship between the sales of the items and the total sales of the trading company.
6. the existence and extent of legitimate uses of the article in the community.
7. expert testimony on its use.

453,132 exceptions

The standards in 453.13 and 453.131 do not apply to any person authorized by local, state, or federal law to manufacture, possess, or distribute items described in 453.13 and 453.131; or to any item that, in the normal legal course of business, is sold by mail order and is traditionally intended for use with tobacco products, including any pipe, paper, or accessory.

453.2 responsibility of the sender

The sender is fully responsible for the following:

1. ensure compliance not only with postal service regulations, but also with all other federal laws and regulations, such as the Poison Prevention Act and the Consumer Product Safety Act, and all local laws and regulations governing sample distribution.
2. be aware of other characteristics of an article or substance, such as its flammability, toxicity, or corrosive characteristics that may affect mailability.

453.3 mail capacity

453.31 controlled substances

If the distribution of a controlled substance is illegal under 21 u.s.c. 801-971 or any implementing regulation at 21 cfr chapter ii, then shipment of the substance is also illegal under 18 u.s.c. 1716.

Controlled substances and medications containing controlled substances are acceptable in the domestic mail only under the following conditions:

1. For controlled substances that can be sent by mail, generally, both the sender and recipient must meet any of the following conditions:
   1. Be registered with the drug control administration (dea).
   2. be exempt from dea registration, such as military, civil defense and law enforcement personnel, in the performance of official duties.

   453.32 drugs (other than controlled substances)

   All prescription, non-prescription and brand name drugs and related items, including requested and unrequested samples of such items, which are not considered controlled substances under 453.11, may be mailed as follows:

   1. for prescription medications containing non-narcotic drugs, only a pharmacist or physician, etc., dispensing the medication may mail such substances to patients under their care.
   2. for medication over the counter, the shipper must comply with all applicable federal, state or local laws that may apply (such as the Poison Prevention Packaging Act of 1970 at 15 u.s.c. 1471(2) and the requirements of the food safety commission of consumer products in 16 cfr 1700).

   453.33 poisonous drugs and medicines

   Poisonous drugs and medications may only be shipped by the manufacturer or distributor to licensed physicians, surgeons, dentists, pharmacists, apothecaries, cosmetologists, hairdressers, and veterinarians (18 u.s.c. 1716). some poisonous drugs are subject to the requirements for materials in division 6.1 in chapter 3.

   453.34 small amounts for police purposes

   Nothing in this section prevents the mailing of small quantities of unknown material suspected of containing controlled substances to a federal, state, or local law enforcement agency for law enforcement purposes. such shipments must comply with the applicable packaging requirements in 453.4.

   453.35 drug paraphernalia

   It is illegal to use the mail to transport drug paraphernalia under the controlled substances law. if using the mail to transport an item is illegal under the controlled substances law, the item also cannot be mailed (see 453.13).

   453.36 return of prescription drugs

   Shippers may use the Merchandise Returns service to return prescription drugs for drug recall purposes; voluntary manufacturer recalls; and dispensing errors, such as incorrect medication, dosage, or concentration, as permitted by 21 cfr 1307.11 or other applicable law. correspondence should be addressed to the manufacturer or its registered agent. Manufacturers or their registered agents must provide mailing containers to their customers for the purpose of mailing back identified drugs. Manufacturers or their registered agents must use the Return Merchandise Service (see DMM 505.3.0) with First Class Mail or Priority Mail for these postal shipments. Manufacturers or their agents remain responsible for maintaining records in accordance with any regulations of the Drug Enforcement Administration and/or the Food and Drug Administration.

   453.37 hemp-based products

   For purposes of this section, “hemp” shall have the meaning provided in federal law, including section 10113 of the Agricultural Improvement Act of 2018, pub. l.115-334 (7 u.s.c. § 1639o), or any subsequent provision.

   hemp and hemp-based products, including cannabidiol (cbd) with a concentration of tetrahydrocannabinol (thc) from said hemp (or its derivatives) that does not exceed the limit of 0.3 percent, can be shipped by national mail only when:

   1. The banner ad complies with all applicable federal, state, and local laws and plans approved by the usda under 7 cfr part 990 relating to the production, processing, distribution, and sales of hemp; and
   2. Sender retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of shipment.

   Shipments of hemp and hemp-based products, including cannabidiol (cbd), are prohibited in international mail, including items for delivery to foreign diplomatic and military post office addresses (apo, fpo and dpo ).

   453.4 packaging and marking

   Securely package all mail-order medications so that the contents are not damaged or dislodged during shipping. the following conditions apply:

   1. controlled substances. The inner packaging of any postal item containing a controlled substance that can be mailed must be marked and sealed in accordance with the applicable provisions and regulations of the Controlled Substances Act (see 453.11). the inner package is also labeled to show the prescription number and the name and address of the pharmacy, physician, or other person dispensing the prescription and must be securely stored within a plain outer wrapper or packaging. No markings of any kind indicating the nature of the content may appear on the outside of the postal item. general packaging requirements in dmm 601.1-7 also apply.
   2. drugs and medications. drugs and medicine. Except for promotional samples as described in 453.4c, each mailpiece containing a mailable drug or medicine (not containing a controlled substance) must be contained in a plain outer wrapper or packaging.
   3. promotional samples. A promotional sample pack containing an over-the-counter, non-controlled, or non-prescription drug or medication may bear a brief description of the sample as well as the marking “sample attached” on the outer packaging of the postal shipment.

   453.5 failures

   Decisions should be based on the chemical composition of a product; the composition of commercial products is constantly changing; for example, the packaging declares a “new and improved formula.”

   Ruling requests must include the trade name of the product, as well as information on any known hazardous ingredients. a generic item description (eg “tranquillizers”) is not enough. failure requests are directed to the local postmaster (see 215.3).

   453.6 unmailed material found in mails

   Non-mailable controlled substances, drugs, and drug paraphernalia discovered in the mail stream must be reported immediately in accordance with pom 139.117.

   453.7 mail bounce programs

   As of October 9, 2014, USA. uu. Department of Justice, Drug Enforcement Administration (DEA), published the final rule of the federal registry entitled “disposal of controlled substances” (79 cfr 53519-53570), where it provided new specific regulations for the collection and disposal of controlled substances. This regulation authorized the use of DEA-licensed mail-back collectors (mailers) or law enforcement entities to conduct mail-back programs. Although these programs authorize end users who have lawfully obtained unused or unwanted pharmaceuticals to transfer controlled substance pharmaceuticals to authorized mail-back collectors for disposal, USPS authorization to conduct return programs by mail is subject to the following conditions:

   1. general

   DEA registrants who wish to become controlled substance “mail-back collectors” must obtain authorization from the DEA prior to conducting a mail-back program and must have the ability to destroy the returned substances in the place. DEA registered mail-back collectors must also obtain authorization from the USPS Administrator, Product Classification prior to the implementation of any mail-back program. mail-back programs can only be authorized within the customs territory of the united states (the 50 states, the district of columbia, and puerto rico).

   Authorized DEA registrants participating in a mail-back program must provide users with a ready-to-use package. all packages used in mail-back programs must:

   1. be nondescript and must not include any markings or other information that could indicate that the package contains controlled substances.
   2. be waterproof, spill-proof, tamper-evident, tear-resistant , and sealable.
   3. have the shipping address prepaid for delivery to the registered address of the authorized mail collector or the physical address of the participating police.
   4. have the postage prepaid using one of the following:
      1. Priority Mail Return Service,
      2. First Class Return Package Service, or
      3. Business Reply Mail Packages.

      Before requesting authorization, applicants (couriers) must:

      1. implement a process for generating labels that include unique smart mail package barcodes, prepared in accordance with dmm 708.5.1, publication 199, and the package labeling guide. Publication 199 and the Package Labeling Guide are available from PostalPro at http://postalpro.usps.com/.
      2. Applicants must obtain written approval of the quality of their labels and shipping codes. bars from the national customer service center (ncsc) before submitting your request for authorization to conduct a mail-back program.

      Shippers wishing to conduct a mail-in return program should submit a letter of request to the Merchandise Classification Manager (see dmm 608.8.1 for address). requests must include:

      1. the holder’s name, address and registration certificate;
      2. the registered location of the authorized mail-back collector;
      3. an irrevocable surety bond of $50,000 or a letter of credit as proof of financial responsibility sufficient to cover disposal costs if the seller goes out of business to cover the costs of destroying return envelopes by Residual mail that is in the possession of the postal service. the bond or letter of credit must be issued in the name of the seller requesting the authorization and must name the postal service as beneficiary or obligator;
      4. an approval letter from the ncsc for each type of label used to carry out your mail-back program; and
      5. sample mailings and labels intended for use with your mail-back program.

      In the event business is terminated, transferred, or discontinued by an authorized mail return collector, such collector must provide the manager, the product classification with the name, registered address, and registration number of the mail return collector. mail that will receive the rest of the return packages by mail, according to the regulations of the dea.

      453.8 medications not delivered

      disposal of undeliverable mail containing drugs and medications is governed by pom 691.52

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