21 C.F.R. § 1301.26

Exemptions from import or export requirements for personal medical use

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

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), provided 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 customs officer 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.

[69 FR 55347, Sept. 14, 2004, as amended at 81 FR 97019, Dec. 30, 2016]

Notes of Decisions

Cited in 4 cases, 1996–2000 · leading case: Wright v. State, 981 S.W.2d 197 (Tex. Crim. App. 1998).

Sort: Relevance Newest Treatment

Wright v. State, 981 S.W.2d 197 (Tex. Crim. App. 1998). · cites it 4× “The Attorney General, acting through the Drug Enforcement Administration, has promulgated such a regulation, 21 C.F.R. § 1301.26 , which provides: Any individual who has in his/her possession a controlled substance .”

Samuel Douglas Land v. State (Tex. App. 2000). · cites it 2× “§§ 844 , 956 (West 1999); 21 C.F.R. § 1301.26 (1999). Appellant's argument is that Texas cannot criminalize the possession of a controlled substance if that possession is authorized by federal law.”

Michael Scott Boyd v. State (Tex. App. 2000). · cites it 2× “§ 956 (West 1999); 21 C.F.R. § 1301.26 (1999). Appellant contends that Texas cannot, consistent with the commerce and supremacy clauses, criminalize the importation of controlled substances if that importation is authorized by federal law.”

Ying Kin Chan v. United States, 916 F. Supp. 343 (S.D.N.Y. 1996). “Although it is generally unlawful to import unregistered controlled substances into the United States, law enforcement officials acting in the course of their official duties, which would include controlled deliveries, are exempt from this prohibition.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.