An Act To Allow Maine Residents To Personally Import Medications as Permitted under the Federal Food, Drug, and Cosmetic Act

Last updated: Jun 18, 2015

Details about this bill
Category: Pharmacy Related
Status: Defeated
Sponsor: Representative John Martin, House 151
Session: 127
Bill #: LD 1422



UPDATE 6/18/15: The Senate voted 22-13 Ought Not to Pass. The two houses are now in non-concurrence which is how the bill will ultimately die. See the roll call.

UPDATE 6/11/15: The House voted the bill Ought to Pass 85-62. See the roll call. It remains tabled in the House.

UPDATE 5/31/15: RAM and a number of other pharmacy related entities strongly opposed this bill. However, the Democrats on the committee voted to pass the bill ignoring that the bill likely violates federal law. RAM was a plaintiff in a successful lawsuit that overturned a similar law passed in 2013.


Under the Federal Food, Drug, and Cosmetic Act, the importation of unapproved new prescription drugs, including foreign-made versions of prescription drugs that have been approved by the federal Food and Drug Administration, is prohibited. However, the Food and Drug Administration has developed guidance that allows the personal importation of certain drugs.

This bill, using the guidance developed by the Food and Drug Administration, enacts the Maine Pharmaceutical Drug Safety Act to allow an individual in Maine to import prescription drugs from Canada or certain member countries of the European Union for use by that individual or a member of that individual's immediate family. The country from which the prescription drug is to be imported must meet specific criteria regarding regulation of its pharmacies and pharmacists, as determined by the United States Secretary of State. The prescription drug to be imported must also meet specific requirements. The importation of controlled substances and prescription drugs for sale or resale is specifically prohibited.