WA Entry to club was searched and sched 4. med (modafinil) seized, now have a summons on the way...

[some.bloke]

I dont have a script, but as far as I am aware modafinil falls under this grey area where you *can* legally import up to 3 months worth without a script, but technically it is a sched. 4 substance that requires a doctors authorization/prescription to buy in Australia.

I had half a card of blisters which were seized by security when my pockets searched, and I was then referred to a police officer, who stated that "unless I produce a script or letter from a doctor I will receive a summons in the mail which can lead to a conviction for possession of controlled substance without valid prescription."

I was going to 'generate' such a letter, but this makes me even more nervous as it is fraud which is a worse offence, so now im weighing up instead fronting up to court to argue my case as outlined below.

Will state that based off the Australia’s drug scheduling system, modafinil is classified as Schedule 4. All drugs of that category are legal but do require a doctor’s prescription to purchase. They are, however, not illegal to own without one. Importing modafinil to Australia (where it sells under the brand name Modavigil) is also not illegal. It does not show up in either the Therapeutic Goods Act (TGA) import guidelines or on the Office of Drug Control’s list of controlled substances.For more details, please see this article on buying modafinil in Australia.

Note the "where possible" below which introduces the legal ambiguity I am in, hence *grey area*.

Advice?

Quote from the TGA website:

Personal Importation Scheme
Under the Personal Importation Scheme you may import a 3 month supply at the one time (at the maximum dose recommended by the manufacturer) of unapproved therapeutic goods into Australia without any approval required by the TGA provided that:

• the goods are for your own treatment or the treatment of your immediate family; and
• you do not supply (sell or give) the medicine to any other person; and
• where possible, you keep the medicines or medical devices in their original packaging with any dispensing labels intact; and
• the goods are not restricted under Australian Customs controls or quarantine rules and the goods do not contain a controlled substance; and
• the goods are not injections that contain material of human or animal origin (except insulin); and
• the total quantity of the goods imported within a 12 month period does not exceed 15 months supply of the goods (for medicines, at the maximum dose recommended by the manufacturer); and
• if the goods are medicines in Schedule 4 or 8 of the Poisons Standard a prescription from an Australian-registered medical practitioner is held for the medicines.

You cannot import more than a 3 month supply at the one time under the personal importation scheme. If you wish to bring more than 3 months supply at the one time into Australia, an Australian-registered doctor will first need to apply to the TGA for Special Access Scheme approval.​

 

[Jesso]

Doesn't seem like you have much of an defense. You clearly are aware that you need a script for it in Australia and chose to import it knowing it's illegal here without a script.

Next time go to the doctors and get a script.