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Pseudoephedrine Q&A

Pseudoephedrine

Question: I am visiting the United States from another country and need to purchase an over-the-counter allergy medicine that contains pseudoephedrine or ephedrine. Can I use my foreign passport or driver's license as my official Government identification as I do not have an identification card that is issued by a State or the Federal government or a document considered acceptable under 8 CFR 274a.2(b)(1)(v)(A) and (B)?

Answer: The Combat Methamphetamine Epidemic Act (CMEA) does not permit individuals to use a foreign passport or driver's license to purchase an over-the-counter medicine that contains pseudoephedrine or ephedrine. See 21 U.S.C. 830(e)(1)(A)(iv)(I)(aa); 8 CFR 274a.2(b)(1)(v)(A) and (B). The CMEA, however, does permit an individual, including a foreign visitor, to purchase a single sales package containing no more than 60 milligrams of pseudoephedrine without presenting an identification card or signing the logbook. See 21 U.S.C. 830(e)(1)(A)(iii). EO-DEA104, July 24, 2020

Disclaimer: Guidance documents, like this document, are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement. Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance document that is not accessible through the Department's guidance portal, or similar guidance portals for other Executive Branch departments and agencies, except to establish historical facts. To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action. Guidance documents may be rescinded or modified in the Department's complete discretion, consistent with applicable laws.

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