[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24578]


[[Page Unknown]]

[Federal Register: October 5, 1994]


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POSTAL SERVICE

39 CFR Part 111

 

Mailing Prescription Medicines Containing Narcotic Drugs and 
Other Controlled Substances

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The final rule will remove a provision in the current postal 
regulations that restricts use of the mails to carry prescription 
medicine containing narcotic drugs. This rule also would fully 
harmonize those regulations, namely, Domestic Mail Manual CO23.6.8 and 
CO23.6.9, with the Controlled Substances Act and its implementing 
regulations. As a consequence, such use of the mail by dispensers of 
such medicine would be allowed to the same extent that distribution via 
any carrier is permitted under the Controlled Substances Act and 
implementing regulations.

EFFECTIVE DATE: October 5, 1994.

FOR FURTHER INFORMATION CONTACT: Robert R. Adams, (202) 268-5168.

SUPPLEMENTARY INFORMATION: The Postal Service published in the Federal 
Register (58 FR 67747-67748) on December 22, 1993, a proposal to amend 
the Domestic Mail Manual to remove postal regulations restricting use 
of the mail to carry prescription medicine containing narcotic drugs.
    Domestic Mail Manual (DMM) CO23.6.9 currently states that 
``prescription medicines containing narcotic drugs may be mailed only 
by Department of Veterans Affairs medical facilities to certain 
veterans.'' Some commercial suppliers have reported that they routinely 
ship such medicines via carriers competing with the Postal Service, and 
that the shipments are not prohibited by the Controlled Substances Act, 
21 U.S.C. 801 et seq., and its implementing regulations, 21 CFR 1300 et 
seq. These suppliers state that they would prefer to make these 
shipments via the Postal Service, except for the foregoing restriction 
in postal regulations.
    Upon review, the Postal Service has found no need for provisions in 
its regulations on mailing controlled substances that would be stricter 
than those applicable to shipments via competing carriers. Whatever the 
means of carriage, such shipments must comply with the Controlled 
Substances Act and the regulations implementing it that provide a 
comprehensive system for protecting the public.
    The revisions will make postal regulations fully consistent with 
that protective system. Although adopting this proposal may lead to 
substantial increases in the amount of mailed medicines containing 
narcotics, compliance with Postal Service regulations for preparation 
and packaging prerequisites should yield secure transit for those 
shipments.
    The Postal Service received comments on the proposed rule from five 
parties. All comments were in favor of implementing the proposed rule.

List of Subjects in 39 CFR Part 111

    Postal Service.

    For the reasons discussed above, the Postal Service hereby adopts 
the following amendments to the Domestic Mail Manual, which is 
incorporated by reference in the Code of Federal Regulations (see 39 
CFR 111).

PART 111--[AMENDED]

    1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

    2. Domestic Mail Manual C023 is hereby amended to read as follows:
6.0  Poisons, Controlled Substances, and Drug Paraphernalia
* * * * *
6.8  Controlled Substances
    A ``controlled substance'' is any anabolic steroid, narcotic, 
hallucinogenic, stimulant, or depressant drug in Schedules I through V 
of the Controlled Substances Act (Public Law 91-513), 21 U.S.C. 801 et 
seq., and 21 CFR 1300 et seq. Because controlled substances are 
potentially addictive and abusable, if distribution of a controlled 
substance is unlawful under 21 U.S.C. 801 et seq., and under any 
relevant implementing regulations in 21 CFR 1300 et seq., distribution 
of such matter by mail is also unlawful under 18 U.S.C. 1716. Section 
1716(a) prohibits from being conveyed in the mails all matter capable 
of killing or injuring a person.
6.9  Mailing Requirements
    Under 18 U.S.C. 1716(b), the Postal Service may permit the mailing 
of matter not outwardly or of its own force dangerous or injurious to a 
person's life or health, subject to the preparation and packaging 
standards specified by the Postal Service. Accordingly, if distribution 
of a controlled substance is lawful under 21 U.S.C. 801 et seq., and 
any relevant implementing regulations in 21 CFR 1300 et seq., the 
Postal Service considers such distribution by mail to constitute the 
mailing of matter not outwardly or of its own force dangerous or 
injurious to a person's life or health, if the following preparation 
and packaging standards are met:
    a. The inner container of any parcel containing controlled 
substances is marked and sealed under the applicable provisions of the 
Controlled Substances Act (21 U.S.C. 801 et seq. and the regulations 
implementing it, 21 CFR 1300 et seq.) and placed in a plain outer 
container or securely overwrapped in plain paper.
    b. If the controlled substances consist of prescription medicines, 
the inner container is also labeled to show the prescription number and 
the name and address of the pharmacy, practitioner, or other person 
dispensing the prescription.
    c. The outside wrapper or container is free of markings that would 
indicate the nature of the contents.
* * * * *
    A transmittal letter making these changes in the pages of the 
Domestic Mail Manual will be published and will be transmitted to 
subscribers automatically. Notice of issuance will be published in the 
Federal Register, as provided by 39 CFR 111.3.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-24578 Filed 10-4-94; 8:45 am]
BILLING CODE 7710-12-P