
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC956]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                    SUBCHAPTER II--IMPORT AND EXPORT
 
Sec. 956. Exemption authority


(a) Individual possessing controlled substance

    (1) Subject to paragraph (2), the Attorney General may by regulation 
exempt from sections 952(a) and (b), 953, 954, and 955 of this title 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 an 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 802 of this title) 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 subchapter 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.

(Pub. L. 91-513, title III, Sec. 1006, Oct. 27, 1970, 84 Stat. 1288; 
Pub. L. 105-277, div. C, title VIII, Sec. 872(a), Oct. 21, 1998, 112 
Stat. 2681-707; Pub. L. 105-357, Sec. 2(a), Nov. 10, 1998, 112 Stat. 
3271.)

                       References in Text

    Schedules I, III, IV, and V, referred to in text, are set out in 
section 812(c) of this title.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-277 and Pub. L. 105-357 amended 
subsec. (a) identically, designating existing provisions as par. (1), 
substituting ``Subject to paragraph (2), the Attorney General'' for 
``The Attorney General'', and adding par. (2).


                       Federal Minimum Requirement

    Pub. L. 105-357, Sec. 2(b), Nov. 10, 1998, 112 Stat. 3271, provided 
that: ``Section 1006(a)(2) of the Controlled Substances Import and 
Export Act [21 U.S.C. 956(a)(2)], as added by this section, is a minimum 
Federal requirement and shall not be construed to limit a State from 
imposing any additional requirement.''
    Pub. L. 105-277, div. C, title VIII, Sec. 872(b), Oct. 21, 1998, 112 
Stat. 2681-707, enacted a provision substantially identical to that 
enacted by Pub. L. 105-357, Sec. 2(b), set out above.


         Jurisdiction of Secretary of Health and Human Services

    Pub. L. 105-277, div. C, title VIII, Sec. 872(c), Oct. 21, 1998, 112 
Stat. 2681-707, and Pub. L. 105-357, Sec. 2(c), Nov. 10, 1998, 112 Stat. 
3271, provided that: ``The amendment made by subsection (a) [amending 
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.).''

                  Section Referred to in Other Sections

    This section is referred to in section 957 of this title.
