21 U.S.C. § 956 — Exemption authority

Page 897 TITLE 21—FOOD AND DRUGS § 957 territory of the United States, a controlled sub- stance in schedule I or II or a narcotic drug in schedule III or IV, unless such substance or drug is a part of the cargo entered in the manifest or part of the official supplies of the vessel, air- craft, or vehicle. (Pub. L. 91–513, title III, § 1005, Oct. 27, 1970, 84 Stat. 1287.) Editorial Notes REFERENCES IN TEXT Schedules I, II, III, and IV, referred to in text, are set out in section 812(c) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. §§ 955a to 955d. Transferred Editorial Notes CODIFICATION Sections, Pub. L. 96–350, §§ 1–4, Sept. 15, 1980, 94 Stat. 1159, 1160, relating to maritime drug law enforcement, were transferred to sections 1901 to 1904 of the former Appendix to Title 46, Shipping. Sections 1901 to 1904 of the former Appendix to Title 46 were repealed and re- stated in chapter 705 of Title 46, Shipping, by Pub. L. 109–304, §§ 10(2), 19, Oct. 6, 2006, 120 Stat. 1683, 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46. § 956. Exemption authority (a) Individual possessing controlled substance (1) Subject to paragraph (2), the Attorney Gen- eral may by regulation exempt from sections 952(a) and (b), 953, 954, and 955 of this title any individual who has a controlled substance (ex- cept a substance in schedule I) in his possession for his personal medical use, or for administra- tion to an animal accompanying him, if he law- fully obtained such substance and he makes such declaration (or gives such other notifica- tion) as the Attorney General may by regulation require. (2) Notwithstanding any exemption under paragraph (1), a United States resident who en- ters the United States through an international land border with a controlled substance (except a substance in schedule I) for which the indi- vidual 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 ex- cept any compound, mixture, or preparation containing any depressant or stimulant sub- stance 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 in- cluded 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.) 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 para- graph (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), Nov. 10, 1998, 112 Stat. 3271, pro- vided that: ‘‘Section 1006(a)(2) of the Controlled Sub- stances Import and Export Act [21 U.S.C. 956(a)(2)], as added by this section, is a minimum Federal require- ment and shall not be construed to limit a State from imposing any additional requirement.’’ Pub. L. 105–277, div. C, title VIII, § 872(b), Oct. 21, 1998, 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), Oct. 21, 1998, 112 Stat. 2681–707, and Pub. L. 105–357, § 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 Sec- retary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.).’’ § 957. Persons required to register (a) Coverage No person may— (1) import into the customs territory of the United States from any place outside thereof (but within the United States), or import into the United States from any place outside thereof, any controlled substance or list I chemical, or (2) export from the United States any con- trolled substance or list I chemical, unless there is in effect with respect to such per- son a registration issued by the Attorney Gen- eral under section 958 of this title, or unless such person is exempt from registration under subsection (b). (b) Exemptions (1) The following persons shall not be required to register under the provisions of this section and may lawfully possess a controlled substance or list I chemical: