US Code

Public Law 119-73 (01/23/2026)

21 U.S.C. § 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)
section 802 of this title 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 ) 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, § 100684 Stat. 1288Pub. L. 105–277, div. C, title VIII, § 872(a)112 Stat. 2681–707Pub. L. 105–357, § 2(a)112 Stat. 3271(, , ; , , ; , , .)

Editorial Notes

References in Text

section 812(c) of this titleSchedules I, III, IV, and V, referred to in text, are set out in .

Amendments

Pub. L. 105–277Pub. L. 105–3571998—Subsec. (a). and 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

21 U.S.C. 956(a)(2)“Section 1006(a)(2) of the Controlled Substances Import and Export Act [], as added by this section, is a minimum Federal requirement and shall not be construed to limit a State from imposing any additional requirement.”
, , , provided that:

Pub. L. 105–277, div. C, title VIII, § 872(b)112 Stat. 2681–707Pub. L. 105–357, § 2(b), , , enacted a provision substantially identical to that enacted by , set out above.

Jurisdiction of Secretary of Health and Human Services

Pub. L. 105–277, div. C, title VIII, § 872(c)112 Stat. 2681–707Pub. L. 105–357, § 2(c)112 Stat. 3271

21 U.S.C. 301“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 ( et seq.).”
, , , and , , , provided that: