21 USCS § 956
UNITED STATES CODE SERVICE
*** CURRENT THROUGH P.L. 108-6 APPROVED 2/14/03 ***
TITLE 21. FOOD AND DRUGS
CHAPTER 13. DRUG ABUSE PREVENTION AND CONTROL
IMPORT AND EXPORT
21 USCS § 956 (2003)
§ 956. Exemption authority
(a) Individual possessing controlled substance.
(1) Subject to paragraph (2), the Attorney General may by regulation exempt from sections 1002(a) and (b), 1003, 1004, and 1005 [21 USCS §§ 952(a), (b), 953-955] any individual who has a controlled substance (except a substance in schedule I) in his possession for his personal medical use, or for administration to any animal accompanying him, if he lawfully obtained such substance and he makes such declaration (or gives such other notification) as the Attorney General may by regulation require.
(2) Notwithstanding any exemption under paragraph (1), a United States resident who enters the United States through an international land border with a controlled substance (except a substance in schedule I) for which the individual does not possess a valid prescription issued by a practitioner (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) in accordance with applicable Federal and State law (or documentation that verifies the issuance of such a prescription to that individual) may not import the controlled substance into the United States in an amount that exceeds 50 dosage units of the controlled substance.
(b) Compound, mixture, or preparation. The Attorney General may by regulation except any compound, mixture, or preparation containing any depressant or stimulant substance listed in paragraph (a) or (b) of schedule III or in schedule IV or V from the application of all or any part of this title if (1) the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and (2) such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a depressant or stimulant effect on the central nervous system.
HISTORY:
(Oct. 27, 1970, P.L. 91-513, Title III, Part A, § 1006, 84 Stat. 1288; Oct. 21, 1998, P.L. 105-277, Div C, Title VIII, Subtitle G, § 872(a), 112 Stat. 2681-707; Nov. 10, 1998, P.L. 105-357, § 2(a), 112 Stat. 3271.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES
References in text:
Schedules I, III, IV, and V, referred to in this section, are contained in 21 USCS § 812(c).
"This title", referred to in this section, is Title III of Act Oct. 27, 1970, P.L. 91-513, 84 Stat. 1285, which appears generally as 21 USCS §§ 951 et seq. For full classification of such Title, consult USCS Tables volumes.
Effective date of section:
This section became effective on enactment, pursuant to § 1105(b) of Act Oct. 27, 1970, P.L. 91-513, which appears as 21 USCS § 951 note.
Amendments:
1998. Act Oct. 21, 1998, in subsec. (a), substituted "(1) Subject to paragraph (2), the Attorney General" for "The Attorney General", and added para. (2).
Act Nov. 10, 1998 purported to make amendments identical to those made by Act Oct. 21, 1998.
Other provisions:
Subsec. (a)(2) as Federal minimum requirement; jurisdiction of Secretary of Health and Human Services. Act Oct. 21, 1998, P.L. 105-277, Div C, Title VIII, Subtitle G, § 872(b), (c), 112 Stat. 2681-707, provide:
"(b) Federal minimum requirement. Section 1006(a)(2) of the Controlled Substances Import and Export Act [21 USCS § 956(a)(2)], as added by subsection (a), is a minimum Federal requirement and shall not be construed to limit a State from imposing any additional requirement.
"(c) Extent. The amendment made by subsection (a) [amending subsec. (a) of this section] shall not be construed to affect the jurisdiction of the Secretary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.).".
Similar provisions appeared in Act Nov. 10, 1998, P.L. 105-357, § 2(b), (c), 112 Stat. 3271, which Act purported to make amendments identical to those made by Act Oct. 21, 1998.
NOTES:
CODE OF FEDERAL REGULATIONS
United States Customs Service, Department of the Treasury--Inspection, search, and seizure, 19 CFR Part 162.
CROSS REFERENCES
This section is referred to in 21 USCS § 957.
21 CFR 1301.26
*** THIS SECTION IS CURRENT THROUGH THE MARCH 14, 2003 ISSUE OF ***
*** THE FEDERAL REGISTER ***
TITLE 21 -- FOOD AND DRUGS
CHAPTER II -- DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE
PART 1301 -- REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES
EXCEPTIONS TO REGISTRATION AND FEES
21 CFR 1301.26
§ 1301.26 Exemptions from import or export requirements for personal medical use.
Any individual who has in his/her possession a controlled substance listed in schedules II, III, IV, or V, which he/she has lawfully obtained for his/her personal medical use, or for administration to an animal accompanying him/her, may enter or depart the United States with such substance notwithstanding sections 1002-1005 of the Act (21 U.S.C. 952-955), providing the following conditions are met:
(a) The controlled substance is in the original container in which it was dispensed to the individual; and
(b) The individual makes a declaration to an appropriate official of the U.S. Customs Service stating:
(1) That the controlled substance is possessed for his/her personal use, or for an animal accompanying him/her; and
(2) The trade or chemical name and the symbol designating the schedule of the controlled substance if it appears on the container label, or, if such name does not appear on the label, the name and address of the pharmacy or practitioner who dispensed the substance and the prescription number, if any; and
(c) The importation of the controlled substance for personal medical use is authorized or permitted under other Federal laws and state law.
HISTORY:
[36 FR 7778, Apr. 24, 1971. Redesignated at 38 FR 26609, Sept. 24, 1973, and amended at 46 FR 28841, May 29, 1981; 51 FR 5319, Feb. 13, 1986; 62 FR 13938, 13952, March 24, 1997]
NOTES:
[EFFECTIVE DATE NOTE: 62 FR 13938, 13952, March 24, 1997, revised this section, effective March 28, 1997.]
NOTES APPLICABLE TO ENTIRE TITLE:
Cross References: Food Safety and Inspection Services, Department of Agriculture: See Meat and Poultry Inspection, 9 CFR CHAPTER III.
Federal Trade Commission: See Commercial Practices, 16 CFR chapter I.
U.S. Customs Service, Department of the Treasury: See Customs Duties, 19 CFR chapter I.
Internal Revenue Service, Department of the Treasury: See Internal Revenue, 26 CFR chapter I.
Bureau of Alcohol, Tobacco, and Firearms, Department of the Treasury: See Alcohol, Tobacco Production and Firearms, 27 CFR chapter I.