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Is Modafinil Legal in the US? Our Legal Notes

We are not lawyers and this isn't legal advice. These notes summarize official US sources as of the date shown on this page. Laws and enforcement practices change, so check the current rules with the FDA, the DEA or a licensed pharmacist.

Federal status

Modafinil and armodafinil are Schedule IV controlled substances under the federal Controlled Substances Act (listed at 21 CFR 1308.14). Both are legal to possess and use with a valid prescription from a licensed prescriber. Without one, possessing them is not a lawful route, whatever a vendor's product page says. Labels such as "OTC" or "no prescription needed" on an overseas store don't change federal law.

Prescriptions and refills

A Schedule IV prescription can be written by a prescriber registered with the DEA. Federal rules allow it to be refilled up to five times within six months of the date it was written; after that, you need a new prescription. FDA-approved brand and generic versions of modafinil (Provigil) and armodafinil (Nuvigil) are dispensed by licensed US pharmacies, and many insurance plans cover the generics for the FDA-approved uses: excessive sleepiness from narcolepsy, obstructive sleep apnea and shift work disorder.

Ordering from overseas

The FDA says personal importation of controlled substances is governed by the DEA, and ordering a Schedule IV drug from an overseas vendor without a prescription is not a lawful route. US Customs and Border Protection can detain or seize parcels, and you may receive a seizure notice by mail. Tablets sold by export vendors are not FDA-approved, even when they are made by large Indian manufacturers.

State rules

States can also schedule drugs under their own laws, and pharmacy rules vary from state to state. If you're unsure how your state handles modafinil, a licensed pharmacist in your state is the quickest person to ask.

The safest route

If you think modafinil could help you, see a doctor. A prescription filled at a licensed US pharmacy is the only route that's clearly legal. Read our online prescription guide for how telehealth fits in.