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Codified CSA > CFR > Section
1301 > Section 1301.26
Section 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
Bureau of Customs and Border Protection
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.
(c)
In addition to (and not in lieu of) the foregoing requirements of this section,
a United States resident may import into the United States no more than 50
dosage units combined of all such controlled substances in the individual's
possession that were obtained abroad for personal medical use. (For purposes of
this section, a United States resident is a person whose residence (i.e., place
of general abode-- meaning one's principal, actual dwelling place in fact,
without regard to intent) is in the United States.) This 50 dosage unit
limitation does not apply to controlled substances lawfully obtained in the
United States pursuant to a prescription issued by a DEA registrant.
[62 FR 13952, Mar. 24, 1997]
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