Buying Prescription Drugs in Mexico

Legality and Limits of Bringing Medications Into the U.S.

Marian Eure, RN, is a registered nurse with more than 25 years of experience in adult health care, health promotion, and health education.

Shereen Lehman, MS, is a healthcare journalist and fact checker. She has co-authored two books for the popular Dummies Series (as Shereen Jegtvig).

Many seniors travel to Mexico for more than a vacation. They want to take advantage of the fact that many medications cost less in Mexico. And some drugs don't require a prescription, as they do in America.

Other factors motivate seniors, too. They may face rising medication costs. And sometimes even the Medicare Part D prescription plan doesn’t provide much financial relief.

Some people are not old enough to be eligible for Medicare. Or they may have hit what is called “the donut hole” in Medicare. This is the gap—the “hole”—that occurs after initial coverage kicks in but before catastrophic coverage begins.

Some people may need medications that are not covered under their Medicare drug plan. And they struggle greatly to pay full retail price.

A trip to Mexico, especially for those who live along the southern border, can appear to present a solution.

This article will discuss whether it's legal to buy medications in Mexico and the precautions you must take to stay on the right side of the law. The rules change often and without notice. So it's your job to stay informed.

Are Prescriptions From Mexico Legal?

You are allowed to bring prescription medications approved by the Food and Drug Administration (FDA) from Mexico into the United States for your personal use. But there is a limit. In general, you may bring up to 50 dosage units into the U.S. without a prescription.

You must state, in writing, that the medication is for your personal use.

You will need a prescription from a licensed U.S. physician to bring more than 50 dosage units across the border. And here is a key point: A prescription from a Mexican doctor is no longer acceptable.

In addition, the U.S. Customs and Border Protection (CBP) may prohibit a supply that is for more than 60 to 90 days.

All medications must be declared upon arrival at the border. And they must be in their original containers. Medications that are not approved by the FDA may not be allowed. Note that it is illegal to fail to properly declare imported medications with CBP agents.

Importing Unapproved New Drugs

The FDA prohibits the importation of "unapproved new drugs" for the purpose of distribution and sale.

This category basically includes any drugs that fail to meet FDA standards for safety and effectiveness. This also includes foreign-made versions of U.S.-approved drugs. And these are the drugs that are often cheaper than those in the U.S.

The rules may be relaxed under certain conditions, including:

1. The product is for a serious condition. And effective treatment may be unavailable in the U.S.
2. The product does not represent an unreasonable risk.
3. The individual (patient) does the following: pledges in writing that the medication is for their own use (and generally for no longer than three months); provides the name and address of the U.S.-licensed doctor responsible for their treatment with the product; or offers evidence that the product is for the continuation of a treatment begun in a foreign country.

This does not mean that the FDA will allow individuals to import medications from Mexico at will. But it does give law-abiding seniors some options if they can't get, or can't afford, medications in the U.S.

Precautions

Be aware that the rules CBP agents follow change often and without notice. It's your responsibility to stay up to date. A rule you read about on, say, a Wednesday could be obsolete by the following Monday.

Contact CBP

CPB accepts phone calls from 8:30 a.m. to 5 p.m., Eastern Standard Time (EST), Monday through Friday, at 1-877-227-5511.

Medication Reminder

No one should self-prescribe prescription drugs, under any circumstance.

A physician should prescribe all your medications—and manage your treatment, as well.

It makes no difference if a prescription medication in the U.S. is available over the counter in Mexico. Americans should follow American safety rules set by the FDA.

Summary

There are limits to when you can bring prescriptions purchased in Mexico into the United States. You may do so if you have a serious medical condition, there are no effective treatments available in the U.S., and the drug does not pose any unreasonable risks.

Even then, there are limits. For example, you will be limited to a three-month supply.

Frequently Asked Questions

In most cases, it is illegal to import drugs from Mexico. However, the FDA does not object to the importation of drugs unavailable in the United States that are intended for personal use to treat a serious medical condition.

According to the FDA, you can do so if you have a serious medical condition; there are no effective treatments available in the United States; and the drug does not pose any unreasonable risks. You are only allowed a three-month supply and must state in writing that the drugs are for personal use.

Customs officials will want a letter stating that the drug is intended for personal use to treat a serious medical condition and is not available in the U.S. You will also need to provide information about the doctor treating you or proof that you are continuing treatment started in another country.

Drug purity, safety, and effectiveness are the main concerns as these cannot be monitored or guaranteed. This is especially true with drugs that are available only by prescription in the United States but sold over the counter in Mexico.