Regulations
& Codified CSA > USC > Subchapter
II > Section 956
Section 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, § 1006, Oct. 27, 1970, 84 Stat.
1288; Pub. L. 105-277, div. C, Title VIII, § 872(a), Oct. 21, 1998, 112 Stat.
2681-707; Pub. L. 105-357, § 2(a), Nov. 10, 1998, 112 Stat. 3271.)
HISTORICAL AND STATUTORY NOTES
References in Text.
Schedules I, III, IV, and V, referred to in text, are set out in
§ 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.
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