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Title 21 — Food and Drugs

Chapter 13 — Drug Abuse Prevention and Control

§ 956. Exemption authority

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Controlled Substances Import and Export Act

    Pub. L. 91–513 title III § 1006 · 84 Stat. 1236

    Enacted · 21 U.S.C. § 956

    Pub. L. 91–513, title III, § 1006, Oct. 27, 1970, 84 Stat. 1288

    Source evidence

    Code source credit
    Pub. L. 91–513, title III, § 1006, Oct. 27, 1970, 84 Stat. 1288

    Enacted provision · exact public law section
    Sec. 1006. exemption authority (a) The Attorney General may by regulation exempt from sections 1002 (a) and (b), 1003, 1004, and 1005 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. (b) 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 applicaton 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.

  2. Pub. L. 105–277 div. C title VIII § 872(a) · 112 Stat. 2681

    1. Amended · 21 U.S.C. § 956(a)

      Pub. L. 105–277 and Pub. L. 105–357 amended subsec. (a) identically

    2. Amended · 21 U.S.C. § 956(a)

      Pub. L. 105–277 and Pub. L. 105–357 designating existing provisions as par. (1)

    3. Substituted · 21 U.S.C. § 956(a)

      Pub. L. 105–277 and Pub. L. 105–357 substituting “Subject to paragraph (2), the Attorney General” for “The Attorney General”

    4. Added · 21 U.S.C. § 956(a)

      Pub. L. 105–277 and Pub. L. 105–357 adding par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) Amendment.— Section 1006(a) of the Controlled Substances Import and Export Act (21 U.S.C. 956(a)) is amended— (1) by striking “The Attorney General” and inserting “(1) Subject to paragraph (2), the Attorney General”; and (2) by adding at the end the following: “(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.”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

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).

Statutory Notes and Related Subsidiaries

Federal Minimum Requirement

Pub. L. 105–357, § 2(b), , 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, § 872(b), , 112 Stat. 2681–707, enacted a provision substantially identical to that enacted by Pub. L. 105–357, § 2(b), set out above.

Jurisdiction of Secretary of Health and Human Services

Pub. L. 105–277, div. C, title VIII, § 872(c), , 112 Stat. 2681–707, and Pub. L. 105–357, § 2(c), , 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.).”

Credits

1970–1998 · 3 acts
  1. 1970Pub. L. 91–513, title III, § 1006, , 84 Stat. 1288
  2. 1998Pub. L. 105–277, div. C, title VIII, § 872(a), , 112 Stat. 2681–707
  3. 1998Pub. L. 105–357, § 2(a), , 112 Stat. 3271.
Show as published

(Pub. L. 91–513, title III, § 1006, , 84 Stat. 1288; Pub. L. 105–277, div. C, title VIII, § 872(a), , 112 Stat. 2681–707; Pub. L. 105–357, § 2(a), , 112 Stat. 3271.)

Parsed from the official OLRC USLM XML in data/usc_all/usc21.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t21/s956