Sale of medication without a licence can lend you in prison - 10 November 2024

Department of Health 2024/11/11 - 22:00



The selling of scheduled medication without a licence is not only illegal but it also places the lives of people at risk. This is the warning from the Gauteng Department of Health (GDoH) following recent inspections that uncovered the illegal sale of medication at several establishments across the province. 

According to the law, only licenced pharmacies and registered healthcare professionals are authorised to sell or disperse medicines in South Africa. Section 22 of the Medicines and Related Substances Act (MRSA) stipulates that no person or institution may sell or dispense scheduled medicines except if licenced to do so. Only healthcare professionals permitted by the Pharmacy Act and Licenced by the National Department of Health may dispense Scheduled medicines (Schedule 1- Schedule 6). 

The penalties for those found selling medicine illegally as per Section 17 if the Drugs and Drug Trafficking Act, 140 of 1992 range from a fine and imprisonment of up to 12 months for minor transgressions, and 25 years in prison without the option of a fine for certain substances.

Illegal sale of scheduled medication poses a public health risk as medicines stored outside prescribed temperatures above 25 degrees celsius for a long period may degrade and become toxic to the persons who ingest them. 

Unscheduled medicine can be purchased at a pharmacy, local supermarket, health shop or service station without any prescription. This includes medicine such as small quantities of paracetamol and vitamin.

Scheduled medicine includes medicine only available over the counter (to treat minor illnesses like colds and coughs which can be self-diagnosed) and medicine only available with a prescription from a medical practitioner. 

"As the department, we have the mandate to safeguard the health and safety of our communities. We therefore call on all shop operators to immediately cease from selling scheduled medication as it is a criminal offence to do so. Compliance with the health regulations is not only a legal obligation but also an essential aspect of protecting our community", said the Gauteng MEC for Health and Wellness, Nomantu Nkomo-Ralehoko. 

The GDoH urges communities to be vigilant when it comes to purchasing medication and to only buy from licensed pharmacies. If you encounter any establishment selling scheduled medication unlawfully, please report it to the South African Health Products Regulatory Authority on enquiries@SAPHRA.org.za or call on 012 015 5465.

 

 


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