NEC 2002 made this positive language
800.53(B) Riser. Cables installed in risers shall comply with 800.53(B)(1), (B)(2), or (B)(3).
(3) One- and Two-Family Dwellings. Type CM and CMX cable shall be permitted in one- and two-family dwellings.
NEC2005 moved this to 800.154 but the language didn't change