21 U.S.C. § 956 — Exemption authority
submitted 56 years ago by Pub. L. 91-513 to r/title-21-FOOD-AND-DRUGS · 291 words · no verdicts yet
The Attorney General may exempt certain lawful personal or animal-use controlled substances and certain mixtures from specified drug-control rules. A special border rule limits an otherwise unprescribed controlled substance to 50 dosage units for a United States resident entering through an international land border.
(a) Individual possessing a controlled substance.
(1) Subject to paragraph (2), the Attorney General may by regulation exempt an individual from sections 952(a) and (b), 953, 954, and 955 if the individual possesses a controlled substance, other than a schedule I substance, for personal medical use or to give to an accompanying animal. The individual must have obtained it lawfully and must make the declaration or other notification that the Attorney General's regulations require.
(2) Regardless of an exemption under paragraph (1), a United States resident entering through an international land border with a controlled substance, other than a schedule I substance, may not import* more than 50 dosage units into the United States if the resident lacks a valid prescription from a practitioner, as section 802 defines that term, issued under applicable Federal and State law, or documentation verifying that the prescription was issued to that resident.
(b) Compound, mixture, or preparation. The Attorney General may by regulation exempt a compound, mixture, or preparation containing a depressant or stimulant listed in schedule III paragraph (a) or (b), or in schedule IV or V, from all or part of this subchapter if:
(1) It contains one or more active medicinal ingredients that do not depress or stimulate the central nervous system; and
(2) Those ingredients are included in combinations, amounts, proportions, or concentrations that remove the potential for abuse of the ingredients that do depress or stimulate the central nervous system. This section does not define “depressant,” “stimulant,” “dosage units,” or “potential for abuse.”
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.
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.
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 credit: (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.)
- 1970Enacted · Pub. L. 91-513 · 84 Stat. 1288
- 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
- 1998Amended · Pub. L. 105-357 · 112 Stat. 3271
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-513 on 1970-10-27.
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