To import or not to import medicines? That is the legal question.

Importation of prescription drugs has become a hot topic this election year, but the debate over the legality of the issue has now hit a little closer to home.

Two local men opened Canadian Med Connection, 509 State St., Proctorville, to help provide people with a choice for cheaper prescription medicines. However, pharmacists and governmental agencies remain adamant that these types of businesses are operating illegally.

Jason Hoover and Dustin Holschuh, both of Proctorville, emphasize that what they do is totally legal under the Federal Food, Drug and Cosmetic Act. The men started their fledgling company about two months ago after reading about it in Business Week.

"We thought it would be a good business and could help people at the same time," Holschuh said.

The company takes an individual's prescription, faxes it to Canada and then the pharmaceuticals are mailed directly to the customer within 7 to 10 days at a savings of 40 to 50 percent on the average and sometimes as much as 80 percent, Holschuh said.

The partners emphasize that their business is 100 percent legal as long as the medicines do not include narcotics, do not exceed a 90-day supply and are for an individual's personal use. Canadian Med focuses mainly on maintenance-type drugs for high blood pressure, cholesterol, heart conditions and more.

"Everything we do here is legal," Hoover said, adding that their company acts only as consultants. "As long as we don't have prescriptions here and are not acting as a pharmacy, it is not illegal."

Bill Winsley, executive director of the Ohio Board of Pharmacy, could not disagree more.

"Absolutely it is illegal. It is a violation of federal law and a violation of the law in several Canadian providences. In all probability, it is a violation of Ohio law," Winsley said. "Anyone who says it is not illegal, does not know what they are talking about."

In Ohio, it is illegal for Canadian companies to ship drugs into the state unless the company is licensed with the Board of Pharmacy, which none currently are, Winsley said. Under federal law, it is illegal for anyone to import drugs not approved by the FDA and also illegal to facilitate the importation.

William Hubbard, assistant commissioner of policy with the FDA, agreed that these "storefront pharmacies" are illegal under federal law because they are importing unapproved drugs. Even if these drugs are sold in the U.S., bringing them from Canada means they are unapproved.

So how can companies like this continue to operate? Although some have recently been prosecuted, for Winsley, the issue boils down to two things - money and politics.

It is a political issue right now that continues to be debated by the federal government. Also, it is difficult for the government to try to address the issue with budget crunches across the nation, Winsley said.

Winsley encourages everyone to enforce the issue themselves by being aware and thinking about safety over saving a few cents.

"Routinely, people who set up these storefronts are people who see an opportunity to make money. Period," he said. "Regardless, of any lip service they try to give about helping people, it is about making money.

"My job is to tell you it is illegal, as I have done. But I am also a pharmacist that knows what good and bad drugs can do. My point is that this is a case of buyer beware."

Ironton pharmacist Dan Bentley agrees that ordering the medicines from foreign countries is dangerous. He gives his customers information from the FDA illustrating that some medicines could be made with unsafe procedures, could be fake, may not been checked for safety, may not have all the accompanying information or could be in a foreign language.

Still, Bentley agrees with Winsley that the bottom line is that it is illegal.

"I have been in business for over 30 years. I try to uphold the law every day," Bentley said. "Until the law changes, it is illegal."

Apparently, even state governments remain unclear on the gray areas of the law. Last week, Illinois Gov. Rod R. Blagojevich announced that Illinois plans to become the first state in the nation to help consumers get a better deal on their medications by giving them access to lower cost prescription drugs available in Canada, the United Kingdom and Ireland. 

"We have taken every possible step we could think of to convince the FDA, the Congress, and anyone and everyone who will listen, that people across Illinois, and across our country, deserve access to safe and lower-cost prescription drugs," Gov. Blagojevich said in a written release. "We can't keep asking people to spend more money than they have just to afford the medicine they need."

In January, Minnesota launched a Web site connecting consumers to two Canadian pharmacies that were approved by state inspectors. Wisconsin, New Hampshire and North Dakota have since established similar sites.

Despite its public opposition to prescription drug importation, the FDA has not taken action against any of the states. Winsley views this as the biggest problem that allows these actions to continue.

"It is an enforcement discretion. It is kind of like when you get caught speeding on the highway and the officer decides not to give you a speeding ticket," Winsley said. "That does not mean that it is not illegal, he just chose not to enforce it."