Is It Legal to Sell Diabetic Test Strips? The Complete 2026 Guide

Millions of Americans have unused diabetic test strips sitting in drawers. If you're wondering whether you can sell them — and whether it's legal — you're not alone. Here's everything you need to know.

The Short Answer

Yes, it is legal to sell unused diabetic test strips that you purchased out of pocket or with private insurance. Selling supplies that were paid for by a government program such as Medicare or Medicaid is illegal and can result in federal charges.

What the Law Actually Says

There is no federal law that prohibits the resale of diabetic test strips purchased with your own money. The restrictions exist only when government-funded supplies are involved. This is covered under 42 U.S.C. § 1320a-7b, which prohibits the sale of items paid for under Medicare or Medicaid.

What You Can Sell

• Test strips purchased at a pharmacy with cash or a private health insurance plan
• Unopened, sealed boxes in original packaging
• Supplies that have not expired (at least 6 months remaining recommended)
• Strips still in the original sealed retail packaging with all labels intact

What You Cannot Sell

• Any supplies paid for by Medicare, Medicaid, or any other federal health program
• Open or damaged boxes
• Supplies that are expired or within 3 months of expiration
• Strips with removed or tampered labels

How to Stay Protected

1. Keep receipts showing you paid out of pocket or through private insurance
2. Never sell supplies received through a government program
3. Only sell to reputable buyers like Surplus Rx that require compliance agreements
4. Keep records of your sales

Frequently Asked Questions

Can I sell test strips I no longer need because my doctor switched my medication? Yes, absolutely. This is one of the most common reasons people sell — a change in prescription leaves you with supplies you can no longer use.

What if I'm not sure how they were paid for? If you have any doubt, do not sell them. Contact your insurance provider to confirm payment source.

Is there a limit on how much I can sell? There is no specific dollar limit, but unusually large volumes may draw scrutiny. When in doubt, consult a legal professional.

Summary

Selling diabetic test strips is legal when you paid for them yourself. It becomes illegal when government programs paid for them. At Surplus Rx, all sellers must confirm their supplies were not funded by federal programs before completing a sale.

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