Payments · Online Pharmacy6 min readUpdated November 2, 2026

Who Can Own an Online Pharmacy, and Which Licenses Do You Need?

Who can own an online pharmacy in the US, the state, nonresident and DEA licenses to stack, and how processors check them before approval.

Article summary

TL;DR

In most states you don't have to be a pharmacist to own a pharmacy, but a licensed pharmacist must be in charge and the state board checks the owners. North Dakota requires pharmacist majority ownership. An online pharmacy then needs a home-state license, one for each state it ships to, and a modified DEA registration to sell controlled substances online.

  • Federal law ties online pharmacies to state licensing "in each State from which it, and in each State to which it" delivers controlled substances.
  • California runs criminal background checks on "beneficial owners and individuals with management and control"; nonresident pharmacies need a California-licensed pharmacist-in-charge from July 1, 2026.
  • North Dakota requires pharmacist ownership: a corporation qualifies only if licensed pharmacists own the majority of its stock.
  • Selling controlled substances online requires a modification of the pharmacy's DEA registration.
  • LegitScript asks for "All relevant healthcare licenses" and a list of affiliates; its application fee is $975 per site (January 2026).
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This guide is part of our hub on online pharmacy payment processing. The general guide, for any business: how to get a merchant account approved. If you sell prescription treatment as a brand, Tagada Rx puts storefront, doctors, pharmacy and payments in one stack, by application.

Who can own an online pharmacy

The usual US model separates ownership from practice. An investor or a company owns the pharmacy; a licensed pharmacist runs it as pharmacist-in-charge. The board of pharmacy licenses the business and vets the people behind it.

StateOwnership ruleWhat the board checks
CaliforniaLicense issued to "an individual, a firm, association, partnership" and other entitiesCriminal background checks on beneficial owners and managers; a pharmacist-in-charge for day-to-day operations (California Board of Pharmacy)2California State Board of Pharmacy, Pharmacy/Nonresident Pharmacy License, read November 2, 2026
North DakotaPermit only for a pharmacist, a partnership of pharmacists, or a corporation or LLC majority-owned by pharmacists "actively and regularly employed" in the pharmacyOwnership itself (N.D. Cent. Code § 43-15-35)3N.D. Cent. Code § 43-15-35, as published by FindLaw, current as of January 1, 2024

North Dakota's rule has narrow exceptions, such as hospital pharmacies serving only their own patients and permits held since July 1, 19633N.D. Cent. Code § 43-15-35, as published by FindLaw, current as of January 1, 2024. A December 2025 fact check by Gigafact describes it as the only comprehensive pharmacist-ownership requirement of its kind among states11Gigafact, fact check on North Dakota pharmacy ownership, December 5, 2025 (secondary source). We haven't verified how each state applies its ownership rules to out-of-state pharmacies: ask the board.

Fig. 1Who owns, who runs, who checks

Online pharmacyLicensed by the state board
  1. OwnerAn investor or a company; pharmacists only in North Dakota
  2. Pharmacist-in-chargeA licensed pharmacist who runs the pharmacy
  3. Board of pharmacyLicenses the business and vets the people behind it

Ownership and practice are two different roles.

California State Board of Pharmacy; N.D. Cent. Code § 43-15-35.

Watch out

A pharmacist named on paper who doesn't run the pharmacy is not a pharmacist-in-charge. Boards license people with real control, and processors read the same documents.

The licenses you need, in order

There's no federal pharmacy license. You stack state and federal authorizations, starting at home.

  1. Home-state pharmacy license. Issued by the board where the pharmacy operates. The FDA's test for a safe online pharmacy is a license "by the state board of pharmacy in your state and the state where the pharmacy is operating"6FDA, BeSafeRx: Frequently Asked Questions, content current as of September 21, 2020.
  2. Nonresident licenses in each state you ship to. California, for one, requires a valid license in the resident state plus its own nonresident license for pharmacies that ship to its residents2California State Board of Pharmacy, Pharmacy/Nonresident Pharmacy License, read November 2, 2026.
  3. DEA registration, if you dispense controlled substances. To do it online, a registered pharmacy must request a modification of its registration421 CFR § 1301.19, read November 2, 2026, and a valid prescription is required521 U.S.C. § 829(e), read November 2, 2026.
  4. Accreditation, which is not a license but which payments and ads rely on: NABP's Digital Pharmacy Accreditation requires licensure "in all jurisdictions in which you are conducting business"7NABP, Digital Pharmacy Accreditation, read November 2, 2026; LegitScript certification checks all licenses8LegitScript, 101 Guide: Healthcare Certification, January 2026.

Fig. 2The license stack, and who checks each layer

  1. Home-state licenseState board · checked by the acquirer and LegitScript
  2. Nonresident licensesEach state you ship to · acquirer and LegitScript
  3. DEA modificationControlled substances online · LegitScript
  4. NABP or LegitScriptAccreditation · acquirers, Google, Meta, TikTok

Start at home, then add a layer per need.

FDA BeSafeRx; California State Board of Pharmacy; 21 CFR § 1301.19; NABP; LegitScript.

For controlled substances, the pharmacy's homepage must also carry a compliance statement and details such as its DEA address and pharmacist-in-charge121 U.S.C. § 831, read November 2, 2026. Which state rules apply where: is it legal to sell prescription drugs online?.

What each license unlocks for payments

Your merchant account depends on these licenses. Card networks put the burden on the acquirer, which passes it to you.

DocumentIssued byWho asks for it in the payment chain
Home-state and nonresident licensesState boards of pharmacyThe acquirer, to verify legality; LegitScript (Mastercard, LegitScript)9Mastercard Security Rules and Procedures, Merchant Edition, August 4, 2026, section 9.4.38LegitScript, 101 Guide: Healthcare Certification, January 2026
Pharmacist-in-charge licenseState boardLegitScript (licenses of the people)8LegitScript, 101 Guide: Healthcare Certification, January 2026
DEA registration, online modificationDEALegitScript, for controlled substances421 CFR § 1301.19, read November 2, 20268LegitScript, 101 Guide: Healthcare Certification, January 2026
Proof of licenses, business modelYouStripe, during its added review (Stripe)10Stripe, Prohibited and restricted businesses, last updated September 22, 2026
NABP or LegitScript accreditationNABP, LegitScriptAcquirers, Google, Meta, TikTok7NABP, Digital Pharmacy Accreditation, read November 2, 20268LegitScript, 101 Guide: Healthcare Certification, January 2026

Mastercard requires the acquirer to verify that a pharmacy selling prescription medicines remotely complies with all applicable laws. Verification "may include [...] a written opinion from independent, reputable, and qualified legal counsel or accreditation by a recognized third party", checked again at least every 12 months9Mastercard Security Rules and Procedures, Merchant Edition, August 4, 2026, section 9.4.3. The full list of network rules: online pharmacy merchant account compliance.

Tagada follows Visa and Mastercard rules and the laws that apply to payments.

How processors check ownership

Underwriting looks at the same people the board looks at.

  1. Owners and affiliates

    LegitScript asks for "Business registration information for all jurisdictions" and a list of affiliates8LegitScript, 101 Guide: Healthcare Certification, January 2026.

  2. Partners

    Fulfillment pharmacies "are typically required to hold LegitScript certification or equivalent accreditation"8LegitScript, 101 Guide: Healthcare Certification, January 2026.

  3. Restricted category

    Stripe asks for "proof of relevant licences or more details about your business model" before supporting a restricted business, and online pharmacies are on that list10Stripe, Prohibited and restricted businesses, last updated September 22, 2026.

  4. Cost of the check

    LegitScript charges $975 per site to apply, then $2,150 a year per site once approved (January 2026)8LegitScript, 101 Guide: Healthcare Certification, January 2026.

$975

LegitScript application fee per site (January 2026)

$2,150

LegitScript yearly fee per site once approved

12 months

Maximum gap between Mastercard acquirer re-checks of a remote pharmacy

A brand that doesn't hold the licenses itself can partner with a licensed pharmacy that dispenses. The processor will then ask who the merchant is and who dispenses. Choosing between accreditations: NABP .pharmacy or LegitScript. Opening the account: how to get an online pharmacy merchant account approved.

How Tagada helps

A licensed pharmacy and clinicians behind your brand

If you're a brand rather than a pharmacy, Tagada Rx gives you a telehealth stack with storefront, doctors, pharmacy and payments12Tagada, Tagada Rx, read November 2, 2026. It is open by application to a selected group of brands.

Each file is reviewed: "We reply to every application." Details on the Tagada Rx page.

A licensed pharmacy and clinicians behind your brand

Nick Bonnassies

CMO at Tagada

CMO at Tagada. Before Tagada, Nick built direct-to-consumer brands that generated over $115M in sales, raised over $25M in crowdfunding and sold two of them. He also works as a fractional CMO on marketing operations and AI systems.

Frequently asked questions

Can a non-pharmacist own an online pharmacy?

In most states, yes, as long as a licensed pharmacist is in charge and the owners pass the board's checks. California vets beneficial owners. North Dakota is the main exception: pharmacists must own the majority of the pharmacy. Check each state you plan to license in.

Do I need a pharmacy license in every state I ship to?

In practice, yes. Federal law ties online pharmacies selling controlled substances to licensing in each state they ship from and to, and states such as California require a nonresident license for pharmacies shipping to their residents. The FDA's consumer test asks for licenses in both states.

How do I check an online pharmacy's license?

Search the state board of pharmacy's license lookup for each state the pharmacy ships from and to. The FDA's BeSafeRx program links to the boards' databases and says that if a pharmacy isn't listed, "you should not use that pharmacy".

Do I need a DEA registration to run an online pharmacy?

Only to dispense controlled substances. A registered pharmacy then requests a modification of its registration to dispense them online, and each order needs a valid prescription. A pharmacy that never dispenses controlled substances doesn't need this modification.

Is LegitScript certification a license?

No. It's a private certification that checks your licenses, owners and partners. Card networks, Google and Meta rely on it or on NABP, but neither replaces a state license.

Sources

Checked November 2, 2026
  1. 21 U.S.C. § 831, read November 2, 2026
  2. California State Board of Pharmacy, Pharmacy/Nonresident Pharmacy License, read November 2, 2026
  3. N.D. Cent. Code § 43-15-35, as published by FindLaw, current as of January 1, 2024
  4. 21 CFR § 1301.19, read November 2, 2026
  5. 21 U.S.C. § 829(e), read November 2, 2026
  6. FDA, BeSafeRx: Frequently Asked Questions, content current as of September 21, 2020
  7. NABP, Digital Pharmacy Accreditation, read November 2, 2026
  8. LegitScript, 101 Guide: Healthcare Certification, January 2026
  9. Mastercard Security Rules and Procedures, Merchant Edition, August 4, 2026, section 9.4.3
  10. Stripe, Prohibited and restricted businesses, last updated September 22, 2026
  11. Gigafact, fact check on North Dakota pharmacy ownership, December 5, 2025 (secondary source)
  12. Tagada, Tagada Rx, read November 2, 2026

Tagada Rx

Licenses in order before the processor asks

Tagada Rx runs the stack behind your brand. Open by selection: every application is reviewed, and we reply to each one.

  1. 01Tell us about your brand
  2. 02We review every application
  3. 03Go live under your brand after review