No, this isn't cheating. I think this ENTIRE THREAD is missing the essence of what exactly it means to "cheat."
From dictionary.com:
cheat
 
 /tʃit/
Show Spelled Pronunciation [cheet]
Show IPA Use cheating in a Sentence
See web results for cheating
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–verb (used with object) 1. to defraud; swindle: He cheated her out of her inheritance. 2. to deceive; influence by fraud: He cheated us into believing him a hero. 3. to elude; deprive of something expected: He cheated the law by suicide.
–verb (used without object) 4. to practice fraud or deceit: She cheats without regrets. 5. to violate rules or regulations: He cheats at cards. 6. to take an examination or test in a dishonest way, as by improper access to answers. 7. Informal. to be sexually unfaithful (often fol. by on): Her husband knew she had been cheating all along. He cheated on his wife.
From m-w.com:
Main Entry:
1cheat
Pronunciation: \ˈchēt\
Function:
verb
Etymology:
2cheat
Date: 1590
transitive verb 1 : to deprive of something valuable by the use of deceit or fraud
2 : to influence or lead by deceit, trick, or artifice
3 : to elude or thwart by or as if by outwitting <cheat death>
intransitive verb 1 a : to practice fraud or trickery
b : to violate rules dishonestly <cheat at cards> <cheat
ing on a test>
2 : to be sexually unfaithful —usually used with
on <was cheat
ing on his wife>
3 : to position oneself defensively near a particular area in anticipation of a play in that area <the
shortstop
was cheat
ing toward second base>
The very essence of the word cheating lies outside of legal context and instead places its use within whatever government body (be it an academic institution, sports governing body, etc.) considers a violation of the rules that it has stipulated for whatever it governs.
Illegality is a broad term; cheating is a specific action. Everyone can agree that cheating is illegal (with respect to rules laid forth by a governing body over the activity being performed), but it is a fallacy of affirming the consequent to assume that the reverse is true.
"If a person possesses Adderall without a prescription, then it is illegal. Cheating is illegal. Therefore, a person who possesses Adderall without a prescription is cheating."
The fallacy here is applying the term "illegal action" too broadly. For an action to be considered cheating, its illegality should be dictated with its respect to the rules of the body that governs the rules of examination taking and academic honesty, since it has jurisdiction over BOTH whether certain actions provide fair/unfair advantages to test-taking students AND stipulates guidelines as to how to mitigate unfair advantages while test taking. Bringing local/state/federal law into the equation is irrelevant, as those governing bodies have no jurisdiction over determining an institution's academic integrity policy.
Just because an action isn't considered cheating
does not/should not imply that it is a rightful/desirable act to perform in an academic context. However, it is only logical to define its action within the context of the governing body that creates rules for said activities because they are the only institution/body that dictates what constitutes fair/unfair advantage to begin with.