Montgomery County officials are set to recommend that the county re-import prescription drugs from Canada, in violation of federal law. Given that the FDA is located in Montgomery County, this could end up being quite a showdown.

Most people are unaware of the dangers of drug re-importation. First of all, Canada does not inspect medicines that are transshipped. That means that drugs imported to Canada aren't inspected if they are bound for the United States. Buying medicines from Canada may sound reasonably safe, but how would you feel if you knew your drugs were coming into Canada from Bangladesh, Brazil, or Iran. Canadian imports from those countries has increased dramatically, and it's mostly being fueled by U.S. demand. These and other countries like China and the Philippines are known to counterfeit drugs, and all of them are increasing shipments to Canada.

Still not convinced? Here's a frightening thought. The Galen Institute reports that:

When asked about the potential impact of U.S. pharmacies limiting shipments to Canadian pharmacies, a Canadian pharmacy owner and non-pharmacist told surveyors for the Minnesota Board of Pharmacy, "We won't have any problem getting drugs. We have creative ways to get them."

Of course all these medicines are sold with liability disclaimers. The foreign e-pharmacies disclaim all liability if you get sick or die from their medicines. Likewise, states that encourage folks to buy drugs from Canada also try to disclaim legal liability. Of course, they can't exactly do that. By promoting behavior that is illegal, the state and local governments are setting up a hazardous condition. Because of the inherent negligence, the state has no protection from liability when someone is injured as a result. State laws vary, but most courts have agreed that negligence offers no liability protection, no matter how many disclaimers people sign.

The bottom line is that public officials need to tread lightly on the subject of drug re-importation. Not only are they breaking federal law, but they are setting themselves up for potential lawsuits. The short term savings just aren't worth the risk. In the long term, it could end up costing much more than it saves.

(Editor's Note: I feel it necessary to point out that I do hold stock in a major pharmaceutical company. I don't think that has biased my opinion, and I stand by the facts I have presented here. But I still think that I should at least let you know.)