Are Nootropics Legal?

By Ferdinand Young 

Since nootropics and smart drugs affect the way the brain works, one of the most common questions asked about these brain supplements is whether or not they are legal. Indeed, if a brain supplement can cause an alteration to the cognitive processes, it is reasonable to be wary and find out if there are any kind of legal implications with regards to nootropics and smart drugs.

So, are nootropics, smart drugs, and brain supplements legal?

Since nootropics and smart drugs cover a broad range of compounds and substances, there isn’t a clear cut answer to this question. Laws on drugs and other substances likewise vary among countries, which make the discussion about the legality of nootropics, smart drugs, and brain supplements even more complicated.


In order to simplify this issue, we’ll be sticking with the US laws to see how some of the common nootropics and smart drugs are classified according to their Scheduling system. A good number of countries likewise often model their own laws on drugs and pharmaceuticals after U.S. laws so this may also give non-US residents how certain cognitive enhancers are classified.

Before we go any further however, let us establish what nootropics really are.

NOOTROPIC BASICS

The term “nootropic” was coined by Dr. Corneliu Giurgea, a Romanian biochemist who was credited with developing Piracetam in 1964, the first smart drug ever synthesized. Dr. Giurgea was then working for UCB, a multi-national pharmaceutical company based in Brussels, Belgium. Amazed at how Piracetam improves mental functions such as memory and logical reasoning, Dr. Giurgea coined the word “nootropic” to refer to such substances.

Dr. Giurgea also set the standards, properties, and abilities for substances and compounds in order for them to be considered as nootropics. Based on these standards, a nootropic should have the following properties:

1. The substance must be able to improve memory functions and learning abilities.
2. The substance must be able to protect the encoded memories and learned abilities against conditions that adversely affect them.
3. The substance should have the ability to protect the brain from injury.
4. The substance should also be able to improve other cognitive functions.
5. The substance should not have harmful side effects and it must not be toxic.
6. The substance must not have any psychotropic effects.

Based on these standards set by Dr. Giurgea, one may conclude that a nootropic should be legal after all if does measure up to these standards. However, the term nootropic has been used indiscriminately by manufacturers and distributors to refer to stimulants, wakefulness enhancing agents, amphetamines, and other compounds--substances that are among other things, potentially harmful, toxic, and have a high potential for abuse.

At this point, we can confidently say that nootropics, smart drugs, and brain supplements are legal, provided of course, that they fit the standards set by Dr. Giurgea. It would be safe to assume then that nootropics and brain supplements such as racetams, choline supplements, omega oils, vitamins, and even the more potent ones like Noopept, Sunifiram, and Unifiram would be legal. However, unless the FDA or a particular country's regulating body expressly says that it so, one should still exercise caution when it comes to owning, and especially distributing and selling these substances.

THE CONTROLLED SUBSTANCES ACT (CSA)

The Controlled Substances Act (CSA) was passed in 1970 by the 91st United States Congress and one of its primary aims was to prevent drug and narcotic abuse. The CSA has since been the implementing legislation for the regulation of the manufacture, importation, possession, use, and distribution of certain substances. The classification of drugs is referred to as a “Schedule” and certain nootropics fall into some Schedules.

SCHEDULE I DRUGS

This drug classification refers to drugs that have a high abuse potential, have no established medical use in the US, and have no established safety standards even under medical supervision. Most notable Schedule I substances include morphine, heroin, and ecstasy. Since LSD is considered by some as a nootropic, it is perhaps one of the very few nootropics that fall into this category.

SCHEDULE II DRUGS

This classification refers to drugs that still have a high abuse potential that may lead to drug dependence, but have accepted medical uses in the US. Morphine and cocaine fall into this category. The psychostimulant Adderall belongs to Schedule II Drugs.

SCHEDULE III DRUGS

Schedule III are drugs that have a lower abuse and dependence potential, and have accepted medical use. Anti-narcolepsy drugs such as Xyrem are included here.

SCHEDULE IV DRUGS

This classification includes drugs that have even lower substance abuse and dependence potential and have accepted medical use. The eugeroics Modafinil and Armodafinil belong to this Schedule.

In order to acquire Scheduled drugs, one must have a prescription or it must be administered to the patient by a licensed medical professional.

If you are wondering where popular nootropics fall such as the racetams, Noopept, or Sunifiram, these substances are “Unscheduled,” in the United States meaning that they are still unregulated. It is legal to possess and use these substances, but it will be prohibited to sell them with claims that are not approved by the FDA.

Nootropics and smart drugs that are extracted from plant and animal sources such as Choline, Ginseng, Ginko Biloba, and the other naturally occurring substances can be acquired and used legally as dietary supplements. The claims that are made with these supplements are still subject to FDA approval.

If you are thinking of purchasing and trying out a particular nootropic, smart drug, or brain supplement, it would be a good idea to purchase only from an established source or distributor. You can check out our list of affiliates below.

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