Are the gray market drugs not illeagal? I don't think so. Also, if I come across the border with an OTC drug from Canada that is script only in the States, haven't I just committed a crime. Haven't I just imported a controlled substance? It doesn't have to be a Schedule I, II, III, or IV drug.
According to my Paramedic training book, the Harrison Narcotic Act was passed in 1914. This was to regulate the sale, importation, and manufature of the opium plant and it's derivatives.
In 1970, the Controlled substances Act was passed. This divided addictive drugs into five categories or schedules.
Schedule I-high abuse drugs with no medical applications, like LSD, crack, and heroin
Schedule II-high abuse drugs with medical applications like morphine
Schedule III-lesser potentially abusive drugs with many medical applications, like Tylenol with codeine (Cotylenol #3)
Schedule IV-drugs with a low potential of abuse, but may cause an addiction, Valium
Schedule V-drugs with a very low potential for abuse, but still contain small quantities of narcotic preparations, cough syrups with codeine
Wouldn't the importation of any of the drugs, over the counter or not, still be a crime. Wouldn't this still be dealing in the black market, but doing so by buying in another country?