Is it legal to sell diabetic supplies in Texas?
The short version: Yes. Sealed, unexpired diabetic supplies that you own, and that you paid for yourself or received through private insurance, can be sold in Texas. Supplies paid for by Medicare or Medicaid cannot, and we don't buy them. Insulin and other medications are never bought or sold this way.
Why the rule is about who paid
The question people ask is "is it legal," but the question that matters is "who paid for these boxes?"
If you bought your supplies out of pocket, or your private insurance covered them and they were dispensed to you, they are your property. When your prescription changes, or you switch from strips to a sensor, or a shipment arrives after you no longer need it, the extras are yours to keep, give away, or sell.
Supplies paid for by Medicare or Medicaid are different. A government program paid for them for one person's use, and reselling them is the kind of thing those programs prosecute as fraud. That is why every legitimate buyer asks, and why we turn those boxes down. Boxes dispensed through those programs are often marked, and we check.
What we look at before we buy
We don't ask for a prescription to make an offer. We do check every box for the things that tell us it is safe to pass along:
- The factory seal is intact and the box has never been opened.
- The expiration date is at least a few months out. See selling short-dated and expired supplies.
- The lot number is not on a manufacturer recall list.
- The box is not marked Medicare, Medicaid, or, for test strips, "not for resale" or "institutional use."
More on what passes and what doesn't is in the box condition guide.
What about Texas specifically?
We are not aware of any Texas law that singles out a person selling their own sealed, over-the-counter test strips, and you don't need a license to sell your own extras. The limits that apply here are the same ones that apply everywhere in the country: no government-paid supplies, no prescription drugs, nothing expired, opened, or recalled.
That last group includes insulin. Insulin is a medication. We don't buy it, and no reputable supply buyer does.
eBay, Facebook Marketplace, and Craigslist
Selling to a stranger online is where most people run into trouble, and usually it is the platform's rules rather than the law. Marketplace listings for sensors, pods, and other prescription devices are often removed, and accounts get restricted for posting them. Craigslist has fewer rules and more risk: you are meeting someone you know nothing about, with no offer in writing.
If you do sell privately, read how to sell diabetic supplies safely first.
Selling supplies that belonged to someone else
Caregivers and families ask this often. If you are handling the affairs of a parent or spouse and the supplies were theirs, privately paid, and sealed, they can be sold like anything else in the household. The Medicare and Medicaid rule still applies. We cover this in more detail in selling a relative's diabetic supplies.
Common questions
Is it illegal to sell diabetic test strips in Texas?
No. Test strips are sold over the counter, and selling sealed, unexpired boxes that you paid for yourself or got through private insurance is legal. The exception is strips paid for by Medicare or Medicaid.
Can I sell supplies I got through Medicare or Medicaid?
No. Those supplies were paid for by a government program for your own use, and reselling them can be treated as fraud. We don't buy anything marked Medicare or Medicaid.
Do I need a prescription or paperwork to sell my supplies?
No. We don't ask for a prescription. We look at the boxes themselves: the seal, the expiration date, and the lot number.
Can I sell insulin?
No. Insulin is a prescription medication, not a supply. We don't buy it, and you shouldn't sell it to anyone.
Is this legal advice?
No. This is general information from a buyer, not a lawyer. If your situation is unusual, for example supplies from a business or a facility, ask an attorney.
Related guides
What supplies are worth · Expired and short-dated boxes · Box condition guide · How to photograph boxes · Selling by mail in Texas · Pickup or mail-in? · Selling 20+ boxes · Selling safely · Selling a relative's supplies · Leftovers after switching
Selling something specific? Test strips · Accu-Chek strips · Contour Next · FreeStyle Lite · Dexcom G7 · FreeStyle Libre · Omnipod · Medtronic · Tandem · Where we buy in Texas