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Postal Explorer > Publication 52 - Hazardous, Restricted, and Perishable Mail > 4 Restricted Matter > 48 Controlled Substances and Drugs
481.1 Controlled Substances
A controlled substance is any narcotic, hallucinogenic, stimulant, or
depressant drug identified in Schedules I through V of the Controlled
Substances Act in 21 USC 801 and the implementing regulations in 21 CFR
1300.
Controlled substances include poisons, compositions containing poisons,
poisonous drugs and medicines, or materials that may kill or injure within the
intent and meaning of 18 USC 1716.
The term "drug" refers to all prescription, nonprescription, and patent
medicines and related items such as aspirin, antiseptics, cold remedies, diet
pills, and cosmetic medicines that do not contain a controlled substance and
are not poisonous drugs or medicines. Certain poisonous (toxic) drugs and
medicines may be subject to the requirements for Division 6.1 materials in
Chapter 3.
The term "drug paraphernalia" refers to any equipment, product, or material
primarily intended or designed for use in manufacturing, compounding,
converting, concealing, producing, processing, preparing, injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled
substance.
The mailer is fully responsible for the following:
a. Ensuring compliance not only with Postal Service regulations, but also
with all other federal laws and regulations, such as the Poison
Prevention Packaging Act and the Consumer Product Safety Act, and
with all local laws and regulations governing distribution of unsolicited
samples.
b. Being aware of other characteristics of an article or substance, such as
its flammable, toxicity, or corrosive characteristics that may affect
mailability.
If the distribution of a controlled substance is unlawful under 21 USC 801 or
any implementing regulation in 21 CFR 1300, then the mailing of the
substance is also unlawful under 18 USC 1716.
Controlled substances and drugs that contain controlled substances are
acceptable in the domestic mail only under the following conditions:
a. For mailable controlled substances, generally both the mailer and
addressee must meet either of the following conditions:
(1) Be registered with the Drug Enforcement Administration (DEA).
(2) Be exempted from DEA registration, such as military, civil
defense, and law enforcement personnel, in performing official
duties.
b. For prescription medicines containing mailable narcotic drugs
(controlled substances), only a pharmacist or medical practitioner, etc.,
who dispenses the medicine may mail such substances to the patients
under their care.
All prescription, nonprescription, and patent medicines and related items,
including solicited and unsolicited samples of such items, that are not
considered to be controlled substances under 481.1, are permitted to be
mailed as follows:
a. For prescription medicines containing a nonnarcotic drug(s), only a
pharmacist or medical practitioner, etc., who dispenses the medicine
may mail such substances to the patients under their care.
b. For nonprescription medicines, the mailer must meet all applicable
federal, state, or local laws that may apply (such as the Poison
Prevention Packaging Act of 1970 in 15 USC 1471(2) and the
Consumer Product Safety Commission requirements in 16 CFR 1700).
Poisonous drugs and medicines may be sent only from the manufacturer or
dealer to licensed physicians, surgeons, dentists, pharmacists, druggists,
cosmetologists, barbers, and veterinarians (18 USC 1716). Some poisonous
drugs are subject to the requirements for Division 6.1 materials in Chapter 3.
Nothing in this section precludes the mailing of small amounts of unknown
matter suspected of containing controlled substances to a federal, state, or
local law enforcement agency for law enforcement purposes. Such mailings
must comply with the applicable packaging requirements in 484.
If the possession of any type of drug paraphernalia is unlawful under the
Controlled Substances Act, the article also is nonmailable. See DMM
601.11.12 for more information.
Mailers may use merchandise return service to return prescription drugs for
purposes of drug recalls; voluntary manufacturer withdrawals; and dispensing
errors such as incorrect drug, dosage, or strength, as permitted by
21 CFR 1307.12 or other applicable law. The mailpiece must be addressed to
the manufacturer or its registered agent. Manufacturers or their registered
agents must furnish mailing containers to their customers for the purpose of
mailing back the identified drugs. Manufacturers or their registered agents
must use merchandise return service (see DMM 507.9.0) with First-Class
Mail or Priority Mail for these mailpieces. Manufacturers or their agents
continue to be responsible for maintaining records in compliance with any
regulation of the Drug Enforcement Administration and/or the Food and Drug
Administration.
The following conditions apply:
a. Controlled substances. The inner packaging of any mailpiece
containing a mailable controlled substance must be marked and sealed
in accordance with the applicable provisions and regulations of the
Controlled Substances Act (see 481.1). The inner packaging must be
securely held within a plain outer wrapper or packaging. No markings of
any kind that indicate the nature of the contents may appear on the
outside of the mailpiece. The general packaging requirements in DMM
601.1-601.8 also apply.
b. Drugs and Medicines. Each mailpiece containing a mailable drug or
medicine (that does not contain a controlled substance) must be held in
a plain outer wrapper or packaging. No markings of any kind to indicate
the nature of the contents may appear on the outside of the mailpiece.
The general packaging requirements in DMM 601.1-601.8 also apply.
Rulings must be based on the chemical composition of a product; the
composition of commercial products is ever-changing-e.g., the packaging
declares a "new and improved formula."
Requests for rulings must include the trade name of the product, as well as
information regarding any know hazardous ingredients. A generic description
of the item (e.g., "tranquilizers") is not sufficient. Requests for rulings are
directed to the local postmaster (see 215.3).
Nonmailable controlled substances, drugs, and drug paraphernalia
discovered in the mailstream must be immediately reported in accordance
with POM 139.117.
The disposition of undeliverable mailpieces containing drugs and medicines
is governed by POM 691.52
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