Is modafinil legal? | What you should know

Thomas Thorne

Last update: March 6, 2023

Is modafinil legal?

Curious… Is modafinil legal? so you can buy and use?

Wondering if it's legal to buy Modafinil online, as so many anonymous smart drug users on the Internet seem to claim?

Then you have come to the correct place. In this comprehensive guide, we will teach you everything you need to know about the legal issues surrounding modafinil, including whether you can buy, possess, and consume modafinil without breaking any laws.

We also answer your most important questions, including:

  • Do I need a prescription to buy Modafinil?
  • Is it legal to buy Modafinil online?
  • Will customs confiscate my shipment of Modafinil?

…And much more!

This article was written with the sole purpose of helping you let go of your worries and fears.

When you're done reading, you'll know exactly where to look to see if Modafinil is legal to use and how you can safely buy Modafinil online.

Of course, we are not lawyers and this is not legal advice. But…

The information we present below has helped thousands of readers make smart and informed decisions when purchasing Modafinil.

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Disclaimer: The content on Modafinil.space is for informational and educational purposes only. We do not provide legal advice. Likewise, we do not provide medical advice, diagnosis or treatment. Consult your doctor before consuming modafinil or related nootropics. Your access to Modafinil.space is subject to our complete Disclaimer and conditions of use.


Is modafinil legal? | The basics

Is Modafinil legal to own and use?

In practically every country in the world, The answer is yes — as long as you have a medical prescription.

Modafinil is a well-known and well-researched medication that has been approved for medical use in the United States and Europe for over 20 years.

Throughout the Western world it is treated as a controlled substance and/or a prescription-only medication. And we assume that if you are reading this article, you probably do not have a prescription.

So the question is:

Can I possess and use Modafinil if I do not have a prescription for it?

The answer to this revised question will depend entirely on your country of residence and that country's regulations regarding the distribution, purchase, and personal use of Modafinil.

But to show you the type of research you would need to answer this question based on your individual circumstances, let's look at a country-specific question:

Is Modafinil legal in the US and what do I need to know before using this smart drug in the US?

First, it is important to know that modafinil is classified as a “Schedule IV” substance by the Drug Enforcement Administration (DEA). Other common examples of Schedule IV drugs include Xanax and Ambien.

Drugs in the United States are classified according to five schedules: “Schedule I” drugs have the highest risk of abuse and harm, and “Schedule V” drugs have the lowest [1]:

“The [Schedule 4] drug has a low potential for abuse relative to Schedule 3 drugs. The drug has a currently accepted medical use in treatment in the United States. “Drug abuse may lead to limited physical or psychological dependence on Schedule 3 drugs.”

Which means one very simple thing...

The only 100% guaranteed way to use Modafinil legally in the United States is to have a Modafinil prescription signed by a doctor and purchase it through a licensed pharmacy as Provigil or generic Modafinil.2].

And for a doctor to prescribe Modafinil to you, you will likely need to medically prove that you have one of the three approved medical conditions we described above.

In this context, "test" can mean undergoing a series of sleep tests to properly diagnose that you have a medical condition such as:

  • SWSD
  • OSA
  • Narcolepsy

Additionally, the FDA specifically states that it is generally illegal for anyone other than a DEA-registered importer to import medications for personal use into the country.

You can even be charged with a felony for simply possessing Modafinil without a valid prescription or other legal cause [3].

So, based on the information we have collected so far, we can also answer another question...

Is it legal to buy Modafinil from an online pharmacy abroad while living in the United States? The short and technical answer is a resounding "No."

But what are the real consequences of buying Modafinil online?

In other words, is there any “teeth” behind these laws?


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Is it legal to buy modafinil online?

Can smart drug users seeking a competitive advantage through cognitive enhancement legally buy Modafinil online without a prescription?

The answer according to the rules is NO!

As far as we know, there are three possible outcomes that will occur if you buy Modafinil online and have it delivered to your door:

First of all, customs officers working at border agencies do not investigate your package and do not allow it to pass.

In this case, you are ready to go.

Second, border agents find your Modafinil order and confiscate it.

In this case, you will likely receive a seizure letter from your country's border agency asking you to provide proof of a valid Modafinil prescription [4].

For the US, you are given two options:

You may choose to do nothing in response to this notice.. If you choose to do nothing, the controlled substances will be considered abandoned after 30 days and will be destroyed.

Finally, you may choose to request that CBP initiate seizure and forfeiture proceedings. to provide you with the opportunity to participate in a formal legal process to request the return of the property.”

As you can see from the above, you would have the option of not acting. By not responding to the letter, the border agency will automatically assume that you chose the first option.

And that closes the matter.

Third, your government could prosecute you for ordering and importing Modafinil into your country of residence.

This would be the worst case scenario.

P.S: AS FAR AS WE KNOW, THIS HAS NEVER HAPPENED IN A WESTERN COUNTRY, LIKE THE USA OR AUSTRALIA.

In fact, several recently published scientific studies reveal that Modafinil is available for purchase online without a prescription. Furthermore, modafinil can be purchased online at cheaper prices and delivered to your home much faster [5, 6].

Which begs the question:

What are the chances of any of these legal Modafinil outcomes?


Reality?

Here's our take on the real-world risks associated with purchasing Modafinil online, according to our experience:

After hundreds of orders, we have had NO problems purchasing Modafinil online and importing it for personal use; That said, we would NEVER try to sell Modafinil or share it with anyone else.

As far as we know, there have been only two situations where people have faced legal difficulties after purchasing Modafinil online...

The first case involved people importing Modafinil for personal use into Japan. However, it should be noted that these people imported more than 100 pills at a time [7].

Japan has some of the strictest laws regarding imports... residents of Japan cannot import more than 6 g (~60 100 mg Modafinil tablets) if they have a prescription [8].

The second case involved people trying to import HUGE quantities of Modafinil. We are talking about thousands of Modafinil pills in a single package, or cases where Modafinil was packaged with other medications [9, 10].

But outside of these exceptional cases, we have yet to hear of anyone being arrested for ordering smart drugs for personal use over the Internet.10]:

"A new federal law gives the FDA authority to personally destroy your imported medications, but not without first notifying you and providing you with appropriate due process and the opportunity to obtain your prescription drug order."

“…we have received expert legal advice and have been informed that no one has ever been prosecuted for importing medicines for their own use. Even FDA staff have attested to this.”

While your government has the basis to process you if you order Modafinil online, in our experience the chance of this happening is almost zero.

Common sense tells us that they are not concerned about their intelligent drug use and are more focused on seizing illicit narcotics such as cocaine, heroin and marijuana.

In a recent article investigating the online purchase of pharmaceutical products without a prescription, only 3 of 56 orders (~5%) were not delivered [11].

As for the issue of orders confiscated at border control, it happens from time to time. However, it is extremely rare.

In our estimate, around 1% of all Modafinil orders placed online result in confiscation., since very few incoming packets are flagged for further inspection [12].

You can be pretty sure that you will avoid problems by purchasing Modafinil from a reputable and legitimate online Modafinil supplier, such as Buy Moda or ModafinilXL.

They will sell you generic Modafinil, which is just as powerful as Provigil and much less expensive.

Generic Modafinil is produced by reputed Indian pharmaceutical companies like Sun Pharma and HAB Pharmaceuticals, both of which produce FDA-approved products in FDA-certified laboratories and hold multiple global manufacturing certifications.13, 14].

To conclude: In the very unlikely event that your order is confiscated by the customs authority, a reputable modafinil online pharmacy will refund your money instantly or send you another shipment. Up to you!


Is modafinil legal? | Country by country

If you are wondering “Is modafinil legal?“In your country, 99 out of 100 times the answer will be “Only if you have a prescription.”

In most Western countries, you will not be able to legally purchase the medication if you cannot provide proof of a prescription written by a doctor.

But in some Asian and Latin American countries like Mexico, you can buy Modafinil without a prescription at any pharmacy that has it available.

Let's look at the legal classifications of Modafinil in various countries.

  • United Kingdom: Modafinil is a prescription-only medication (POM) and can only be purchased legally once you have the prescription. Please note that Modafinil is ONLY prescribed for narcolepsy in the UK [15]. However, it is not a criminal offense to POSSESS modafinil (prescription or non-prescription) as it does not appear in the UK Misuse of Drugs Act 1971 [16].
  • Australia: Modafinil is a Schedule 4 drug, meaning it can only be purchased as Modavigil with a prescription for narcolepsy and sleep apnea [17].Despite this classification, Modafinil does not require permission to be imported or exported from the country [18].
  • The Netherlands: Modafinil can only be purchased with a valid prescription for narcolepsy [19]. After consulting with Dutch lawyers and conducting our own research, we found no legal basis to conclude that possession of Modafinil in the country is illegal.
  • Germany: As in other Western countries, in Germany you can only buy modafinil legally with a prescription under the brand name “Vigil” [20]. However, similar to the Dutch, we could not find any law or regulation stating that possession of modafinil is illegal.
  • Canada: Modafinil is a Schedule 1 prescription drug in Canada and can only be purchased with a prescription under the brand name "Alertec." It cannot be purchased online in the country, but it is not considered a crime to be in possession of Modafinil [21].
  • Mexico: Modafinil can be purchased at any major pharmacy and possessed without a prescription, and is generally available under the brand name "Modiodal" [22].

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Modafinil Legalities | Verdict

Is modafinil legal?

It is absolutely legal to buy Modafinil for personal use, as long as you have a prescription.

But is it legal to buy Modafinil online from a foreign supplier?

While in many cases the law in your country will probably prohibit you from doing so, in our experience there are almost risk-free with Modafinil orders online in small quantities.

From what we can tell, there is a 99% chance that your order will appear within two weeks of your order date.

In the rare event that your order is confiscated by customs, a reputable Modafinil supplier will resend your package at no additional cost or provide you with a full refund.

Order Modafinil online from our top rated provider...


References

  1. StatsPearls[Internet] – Modafinil. Accessed June 2, 2020. ncbi.nlm.nih.gov
  2. Medicine: This will keep you awake. Accessed June 1, 2020. phillymag.com
  3. Schedule 4 (IV) Drugs. Accessed June 1, 2020. drug.com
  4. MEDICATION GUIDE: PROVIGIL®. Accessed June 3, 2020. fda.gov
  5. Is it legal for me to import medications personally? Accessed June 4, 2020. fda.gov
  6. Modafinil. Accessed June 1, 2020. chemeurope.com
  7. Informed Compliance Notice for Imported Controlled Substances. Accessed June 6, 2020. imgur.com
  8. Dursun S, Dunn M, McKay FH. The availability and acquisition of modafinil on the internet. Drugs Alcohol Rev. 2019;38(6):699-702. doi:10.1111/dar.12977
  9. Hockenhull J, Wood DM, Dargan PI. The availability of modafinil and methylphenidate purchased online in the UK without a prescription. Substance abuse. 2020;55(1):56-65. doi:10.1080/10826084.2019.1654516
  10. Japan: News (in Japanese) about actual arrests of people who imported Modafinil from India. Accessed June 8, 2020. r/afinil
  11. Japan – Medications, medicines and drugs in Japan. Accessed June 7, 2020. japan.aoimirai.net
  12. Qingdao Customs seizes 1,000 modafinil pills sent from abroad. Accessed June 9, 2020. english.customs.gov.cn
  13. 140,000 illegal tablets seized through the postal system worldwide, including NI. Accessed June 5, 2020. goqradio.com
  14. CLAIM your seized medications. Accessed June 3, 2020. prescriptionjustice.org
  15. Click Trajectories: End-to-End Analysis of the Spam Value Chain. Accessed June 6, 2020. cs.uic.edu
  16. JFK is the largest mailroom in the United States. This is how customs searches 1 million mail packages a day for counterfeit medicines and products. Accessed June 2, 2020. businessinsider.com
  17. Sun Pharmaceutical Industries Ltd. Accessed June 4, 2020. sunpharma.com
  18. Habfarma – home. Accessed June 4, 2020. habpharma.in
  19. Modafinil (Provigil): Now restricted to narcolepsy. Accessed 7 June 2020. gov.uk
  20. Misuse of Drugs Act 1971. Accessed 7 June 2020. legislation.gov.uk
  21. Brand Name: ModavigilTM. Accessed 6 June 2020. healthdirect.gov.au
  22. List of pharmacological substances that require permission to import and/or export. Accessed 6 June 2020. odc.gov.au
  23. General summary of the scientific evaluation of products containing modafinil. Accessed June 8, 2020. ema.europa.eu
  24. Modafinil: cognitive enhancer with abhängigkeits potential. Accessed June 9, 2020. aerzteblatt.de
  25. Controlled Drugs and Substances Act (S.C. 1996, c. 19). Accessed June 5, 2020. leys-lois.justice.gc.ca
  26. Federal Commission for the Protection against Health Risks. Accessed June 5, 2020. gob.mx

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