That outcome exemplifies a problem that nearly every state is facing in deciding whether to regulate the reimportation of medications from Canada.

You can shut down the storefront that helps make it happen, but you can't stop people from driving across the border to buy prescriptions or ordering them online and by telephone.

The high cost of prescription drugs has led millions of Americans - many of them elderly and uninsured - to purchase their drugs from pharmacies in Canada.

The U.S. Food and Drug Administration discourages the practice, and some states are cracking down on businesses that help get those prescriptions filled. The concern is while the drugs there often are cheaper, their origins are less clear and could be manufactured in other countries where the medications could be counterfeited.

Sioux Falls resident Dave Stenseth was saving about $1,200 monthly through Canada Services. He says he will continue buying medications from Canadian pharmacies.

Some states - including Minnesota - have made the process easier because they knew people were going to buy drugs in Canada either way. South Dakota is more reluctant and filed suit against Canada Services last year alleging it couldn't operate without a pharmacy license.

Canada Services opened in 2004 and helps people fill out paperwork to buy drugs from Medimart pharmacy in Canada. The orders are then mailed directly to customers' homes.

In January, Judge William Srstka ruled that the company should be licensed and was operating illegally. The South Dakota Attorney General's Office now is writing the judgment order to close the business, but Christopherson already has vacated his storefront at 1111 E. 14th St.

Federal bills aimed at legalizing the process have failed or stalled in Congress.

Medicare Part D also could help seniors get medications locally with smaller co-payments, but they still might cost more than Canadian medications.

"It's for the protection of the public because we have no idea - even in this court case he did not know - where the drugs are coming from," Jones said. "That's a major problem."

It's simple math. Canada doesn't receive enough medications for both Canadian and U.S. customers, Jones said.

"They don't get that much sent to them," he said. "Those other places that they're getting (drugs) from, you have no idea where they're being made."

After about a year of business, Canada Services, originally Canada Drug, had its first lawsuit filed against it by Jewett Drug Co., a wholesale drug company in Aberdeen. The suit alleged the company wasn't properly licensed to do business.

Three months later the Board of Pharmacy announced its intention to file suit for the same reason.

"The business down there has never been legal from day one," Jones said.

Christopherson argued he doesn't need a pharmacy license because he's not selling drugs - he's only helping fill out the paperwork to have medications mailed directly to customers.

"If I were down in Mexico buying it from Tijuana, I might have some concerns," he said.

Stenseth saves $1,200 each month for a prescription he's taking twice daily since he broke his leg in late 2005. One dose of Lovenox, a blood thinner, is $30 per syringe at a local pharmacy, compared to $8 via Canada.

"I know how to do this," he said of buying prescriptions across the border. "People who don't, (Canada Services) was tremendous savings for them."

Stenseth's love affair with Canadian pharmacies began about six years ago when he first drove across the border. All he did was see a physician who examined him and signed off on the prescriptions.

"I was saving enough to pay for a trip to Canada and back," he said.

Christopherson said the lawsuit did little other than provide him with publicity.

"It appears it really did nothing in their favor because people are still going to order their medications where it's affordable," he said.

Historically, U.S. Customs has not targeted prescription drugs, making it possible for states such as Minnesota to help the process. In 2004, the state Department of Human Services created a Web site, Minnesota RxConnect, that directs people to state-approved pharmacies in Canada where they can order medications.

"We knew that a number of people wanted to do that and had to do that because they couldn't afford the drugs otherwise," said Brian Osberg, assistant commissioner of health care. "We wanted to make sure that if that's what they proceeded to do, they could go to a site that they could trust."

Osberg said the agency has never received a complaint regarding orders from any of the pharmacies on the Web site.

Since its launch, the site has generated more than $2.4 million in sales at the four pharmacies, according to statistics from Minnesota Human Services.

To ensure authenticity, state officials travel to the companies for unannounced inspections. All of the pharmacies also are regulated by the local province they're in, Osberg said.

Even with increased confiscations, the Minnesota program will continue.

Rep. Stephanie Herseth and Sens. Tim Johnson and John Thune have co-sponsored various bills introduced in 2005 to allow drugs to be bought in certain countries.

"I support a change in the law that will allow for the reimportation of prescription drugs," Herseth said. "Unfortunately, Congress has chosen to take the path of least resistance and has been unwilling to stand up to the large pharmaceutical companies and benefit managers to secure reasonable prices for seniors."

Sen. Thune said people should be able to get the drugs they need at a reasonable price, and reimportation from Canada is one way of doing that.

Sen. Johnson has been involved in several initiatives to cut prescription costs and allow people to buy medications in Canada.

Another recent change, Medicare Part D, is expected to cut costs for seniors, Jones said.

Minnesota noticed a decrease in the use of Minnesota RxConnect since the program began, Osberg said.

Christopherson has yet to notice a change in sales, and Stenseth said many of his medications are still cheaper in Canada.

He'll use his new part D coverage for prescriptions he needs for the short term, but he's noticed that some of his drug prices have already increased.

"What in the hell good is that going to do?" he asked.

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