Importation of Prescription Medication

Case Background

Medication that is lawfully prescribed in another country is not necessarily lawful in Japan. Our client had been prescribed psychiatric medication in the United States and asked a family member to send it to him in Japan. The package was discovered by customs, and our client was arrested on suspicion of attempting to import stimulants. His family contacted our office and asked us to represent him.

Issues That Arose with the Case and Our Solutions

1. Our client did not know that his prescription medication was regulated in Japan.

We obtained our client’s medical records from his home country and investigated the composition of the medication. Our investigation revealed that, although the medication had been lawfully prescribed to him in the United States, it contained a substance that is regulated as a stimulant under Japanese law. Contesting the fact that the substance had been brought into Japan was therefore not a realistic option, and the key issue became whether our client had a legitimate reason for the importation.

2. We needed to show the prosecutor that the importation had a legitimate reason.

We contacted the prosecutor in charge and confirmed that the results of the chemical analysis were consistent with the prescription medication our client had been taking. We also interviewed our client in detail about how the prescription had come about and why the medication had been sent to him. On the basis of the medical records, the analysis results and our client’s account, we submitted a written opinion to the prosecutor arguing that the existence of a legitimate reason for the importation could not be denied.