Mexican Rx Laws & Bringing Meds to the US

[Zippi]

Carrying Medication in Tijuana
If you have a medical condition, carry whatever medication you need in the container the pharmacy provided. (It never hurts to have a copy of your Rx.) Don't carry more than is needed for a few days.

Here is some advice from the US Consulate:
http://travel.state.gov/travel/cis_pa_tw/cis/cis_970.html:

The U.S. Embassy cautions that possession of any amount of prescription medicine brought from the United States, including medications to treat HIV and psychotropic drugs such as Valium, can result in arrest if Mexican authorities suspect abuse or if the quantity of the prescription medicine exceeds the amount required for several days' use. Individuals should consider carrying a copy of the prescription and a Mexican doctor's letter explaining that the quantity of medication is appropriate for their personal medical use.

Since terms like "abuse" and "a few days worth" are subject to interpretation those spending a lot of time In Mexico might consider spending the $20.00 to $40.00 that seems to be the going fee for a prescription from a Mexican physician.

At a minimum, I suggest carrying all medication in the bottle in which it was sold. This includes over the counter medications. (Think about it: how is a cop supposed to distinguish illegal drugs from legal drugs.) A friend told me about being “fined” by the cops when they found him carrying his ulcer medication without a prescription. The same person reported the cops also gave him a hard time because he carried a variety of over the counter medications together with his ulcer medication mixed together in a pill case. While carrying a variety of medications in a little tin was helpful when he encountered medical problems, it placed him in a bad position when he was stopped by the cops who accused him of using drugs illegally.

Buying Medication in Mexico
There is a difference between what is legal is what is common practice. In general you can buy most medicaitons in Mexico (things likes diabetic and high blood pressure meds) without an Rx and without problems from the cops. The letter of the law, however, requires you to have an Rx form a Mexican physician. It is almost universally ignored. In fact, most pharmacies will tell you an Rx isn't needed--which is true practically, but not legally.

I personally have been buying medications in Tijuana for years without an Rx. I've never had problems with the local police. (But that doesn't mean that someday I won't run into difficulties with an "enterprising cop." )

Legal Source
I have heard many people debate the question whether an Rx is need to buy medication in Mexico. The Mexican government provides the following on-line information that all (who speak Spanish) can review.
http://www.salud.gob.mx/unidades/cdi/nom/072ssa13.html

NORMA Oficial Mexicana NOM-072-SSA1-1993, Etiquetado de medicamentos.
5.11.1 En la etiqueta de los medicamentos, se deberل expresar la clave de registro sanitario, tal como se indica en el oficio de registro, seguida del nْmero romano de la fracciَn que corresponda a los medicamentos, ambos con la misma tipografيa y tamaٌo, y de acuerdo a la siguiente clasificaciَn:
I. Medicamentos que sَlo pueden adquirirse con receta o permiso especial, expedido por la Secretarيa de Salud;
II. Medicamentos que requieren para su adquisiciَn receta médica que deberل retenerse en la farmacia que la surta y ser registrada en los libros de control que al efecto se lleven;
III. Medicamentos que sَlo puedan adquirirse con receta médica que se podrل surtir hasta tres veces;
IV. Medicamentos que para adquirirse requieren receta médica, pero que pueden resurtirse tantas veces como lo indique el médico que lo prescriba;
V. Medicamentos sin receta, autorizados para su venta exclusivamente en farmacias, y
VI. Medicamentos que para adquirirse no requieren receta médica y que puedan expenderse en otros establecimientos que no sean farmacias.

Medications fall into one of several categories (or schedules):

Category I medications may only be taken with permission of the Secretary of Health. Usually they are experimental drugs.

Category II drugs require the pharmacy to keep records on who bought the medication. They will probably keep your Rx and you will need a new Rx each time you visit the pharmacy.

Category III medications are limited to three refills. Obviously records should be kept by the pharmacy.

Category IV--> medications require an Rx from a Mexican physician. However, the pharmacy is not required to keep records about who bought the medication.

In many Latin American countries so many people lack money to visit physicians that pharmacists often provide medical care. Hence laws requiring a person to have an Rx are seldom enforced. The pharmacy may even tell you that you don't need an Rx for Category IV--> medication. However, the law is on the books and an "enterprising cop" can use it to extort money. (Fortunately, this seldom happens.)

Most prescription medications--including Viagra, Cialis, and Levitra--are Category IV medication. (Cialis's registration number, for example, is 181M2002 SSA IV.) The regulation above says these medications require a prescription from a Mexican physician and that it can be refilled as many times as the doctor indicates. Since record keeping by the pharmacy is not required for Category IV medications many people and pharmacies say an Rx is not required. While this is correct in practice, it is not correct legally.

Getting a Mexican Rx The safest thing, of course, is to have an Rx from a Mexican physician. I have found the following physician to be “tourist friendly.” He also speaks adequate English for the task at hand.

Dr. Eduardo Antion Romero Paftida
Av. Via del Juentud #8800 Local 404
Centro Commerical Viva Tijuan
Zona Rio Tijuan, B.C.
(011-52-664) 682-8090

His office is in the plaza near all the pharmacies as you cross the border. Go out the back door of one of the pharmacies near McDonalds and you are close.

Bringing Medications into the US
I’ve been asked by friends in the US if you can buy medications in Tijuana cheaper than in the US and take them back to the US. The first part of the question is easy to answer. Most medications are cheaper in Mexico than in the US. Importing drugs for personal use is a bit more complex. I think I know the laws on this subject; however, I’m not an attorney so it would be best to get legal advice from an attorney or the customs service. I will, however, explain what I would do and comment on my own experiences. I believe it is safest to have a prescription from a US doctor when importing medication into the US. The next best thing is to have a prescription from a Mexican doctor. If I were using medication that had a high “black market” appeal, Valium for instance, I would definitely want an Rx from a US physician. I wouldn’t try importing more than a 60 to 90 day supply of the medication. I have a friend who is diabetic and there are many times I’ve taken him to TJ to get his meds. His Rx has expired. There have been a couple of times he’s received a lecture from a US Customs agent telling him that he should have an Rx; however, he has always been allowed to bring his medications back into the US. (He’s a middle aged WASP who dresses and looks like a businessman on his day off.) He and I always declare our medication; we’d rather have it confiscated than risk being arrested for something like smuggling.

My own experience is that US Customs isn’t very concerned with personal usage quantities of medications being imported into the US if the medication isn’t habit forming and lacks a black market appeal. However, I believe the letter of the law is that an Rx from a US physician is required. Unless the medication isn’t approved by the FDA in which case one needs an Rx from a Mexican physician.

Unless you have an Rx from both a Mexican and US physican you are at risk that something unpleasant may happen. If you lack an Rx from a Mexican physican you are at risk of getting "caught" by the cops in Mexico. If you lack an Rx from a US physican you are at risk of adverse action by US Customs. What you should do boils down to how much risk you are willing to assume.

Some Practical Advice
Problems with TJ cops extorting bribes for not having an Rx seem to run in cycles. When the problem is acute I get and carry an Rx from a Mexican physician. However, most of the time I just try to play it safe. (Most of the time this doesn't seem to be a major problem. Of course, extra vigilance in all matters is always prudent on the Pedistrian Bridge and at the SENTRI drop off point used by taxis.)

Common sense for me means not carrying medications in a manner easily spotted by a TJ cop, especially near the SENTRI taxi drop off point. (I put my meds in a coat pocket, back pack, etc. instead of carrying them in a bag where a cop can see what I’m doing.) I buy medications at pharmacies tourist don’t frequent, not pharmacies on Revolucion and the border that are full of tourists. (That also saves me money.) Before entering a pharmacy I check to see if a cop is observing me. I always buy a coke and leave the pharmacy visibly drinking the coke with the medication in my coat pocket or otherwise not visible to spying eyes.

When I buy Levitra for immediate use, I often take it before leaving the pharmacy and ask the cashier to dispose of the package. That way it’s ready when I’m ready and there are "no worries" if I'm stopped by a cop.

If read read all of the foregoing, you should know enough to make an informed decision. Good luck.