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21 USC Sec. 956. 01/22/02
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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER II - IMPORT
AND EXPORT
-HEAD-
Sec. 956. Exemption authority
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(a) Individual
possessing controlled substance
(1) Subject to paragraph
(2), the Attorney General may by regulation exempt from sections 952(a)
and 952(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.
-SOURCE-
(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.)
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REFERENCES
IN TEXT
Schedules I, III, IV, and
V, referred to in text, are set out in section 812(c)
of this title.
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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.).''
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SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in section 957 of this title.
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