U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER II— IMPORT AND EXPORT

21 U.S.C. § 952

Importation of controlled substances

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(a) Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or V; exceptionsIt shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance in schedule I or II of subchapter I, or any narcotic drug in schedule III, IV, or V of subchapter I, or ephedrine, pseudoephedrine, or phenylpropanolamine, except that—(1) such amounts of crude opium, poppy straw, concentrate of poppy straw, and coca leaves, and of ephedrine, pseudoephedrine, and phenylpropanolamine, as the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes, and(2) such amounts of any controlled substance in schedule I or II or any narcotic drug in schedule III, IV, or V that the Attorney General finds to be necessary to provide for the medical, scientific, or other legitimate needs of the United States—(A) during an emergency in which domestic supplies of such substance or drug are found by the Attorney General to be inadequate,(B) in any case in which the Attorney General finds that competition among domestic manufacturers of the controlled substance is inadequate and will not be rendered adequate by the registration of additional manufacturers under section 823 of this title, or(C) in any case in which the Attorney General finds that such controlled substance is in limited quantities exclusively for scientific, analytical, or research uses,may be so imported under such regulations as the Attorney General shall prescribe. No crude opium may be so imported for the purpose of manufacturing heroin or smoking opium.(b) Nonnarcotic controlled substances in schedule III, IV, or VIt shall be unlawful to import into the customs territory of the United States from any place outside thereof (but within the United States), or to import into the United States from  any  place  outside  thereof,  any  non­narcotic controlled substance in schedule III, IV, or V, unless such nonnarcotic controlled substance—(1) is imported for medical, scientific, or other legitimate uses, and(2) is imported pursuant to such notification, or declaration, or in the case of any nonnarcotic controlled substance in schedule III, such import permit, notification, or declaration, as the Attorney General may by regulation prescribe, except that if a nonnarcotic controlled substance in schedule IV or V is also listed in schedule I or II of the Convention on Psychotropic Substances it shall be imported pursuant to such import permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention.(c) Coca leaves

In addition to the amount of coca leaves authorized to be imported into the United States under subsection (a), the Attorney General may permit the importation of additional amounts of coca leaves. All cocaine and ecgonine (and all salts, derivatives, and preparations from which cocaine or ecgonine may be synthesized or made) contained in such additional amounts of coca leaves imported under this subsection shall be destroyed under the supervision of an authorized representative of the Attorney General.

(d) Application for increased importation of ephedrine, pseudoephedrine, or phenylpropanolamine(1) With respect to a registrant under section 958 of this title who is authorized under subsection (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine, at any time during the year the registrant may apply for an increase in the amount of such chemical that the registrant is authorized to import, and the Attorney General may approve the application if the Attorney General determines that the approval is necessary to provide for medical, scientific, or other legitimate purposes regarding the chemical.(2) With respect to the application under paragraph (1):(A) Not later than 60 days after receiving the application, the Attorney General shall approve or deny the application.(B) In approving the application, the Attorney General shall specify the period of time for which the approval is in effect, or shall provide that the approval is effective until the registrant involved is notified in writing by the Attorney General that the approval is terminated.(C) If the Attorney General does not approve or deny the application before the expiration of the 60-day period under subparagraph (A), the application is deemed to be approved, and such approval remains in effect until the Attorney General notifies the registrant in writing that the approval is terminated.(e) Reference to ephedrine, pseudoephedrine, or phenylpropanolamine

Each reference in this section to ephedrine, pseudoephedrine, or phenylpropanolamine includes each of the salts, optical isomers, and salts of optical isomers of such chemical.

(Pub. L. 91–513, title III, § 1002, Oct. 27, 1970, 84 Stat. 1285; Pub. L. 95–633, title I, § 105, Nov. 10, 1978, 92 Stat. 3772; Pub. L. 98–473, title II, §§ 519–521, Oct. 12, 1984, 98 Stat. 2075; Pub. L. 109–177, title VII, § 715, Mar. 9, 2006, 120 Stat. 264.)Editorial NotesReferences in Text

Schedules I, II, III, IV, and V, referred to in subsecs. (a) and (b), are set out in section 812(c) of this title.

Amendments

2006—Subsec. (a). Pub. L. 109–177, § 715(1)(A), inserted “or ephedrine, pseudoephedrine, or phenylpropanolamine,” after “schedule III, IV, or V of subchapter I,” in introductory provisions.

Subsec. (a)(1). Pub. L. 109–177, § 715(1)(B), inserted “, and of ephedrine, pseudoephedrine, and phenylpropanolamine,” after “coca leaves”.

Subsecs. (d), (e). Pub. L. 109–177, § 715(2), added subsecs. (d) and (e).

1984—Subsec. (a)(1). Pub. L. 98–473, § 519, amended par. (1) generally, inserting references to poppy straw and concentrate of poppy straw.

Subsec. (a)(2)(C). Pub. L. 98–473, § 520, added subpar. (C).

Subsec. (b)(2). Pub. L. 98–473, § 521, substituted “is imported pursuant to such notification, or declaration, or in the case of any nonnarcotic controlled substance in schedule III, such import permit, notification, or declaration, as the Attorney General may by regulation prescribe, except that if a nonnarcotic controlled substance in schedule IV or V is also listed in schedule I or II of the Convention on Psychotropic Substances it shall be imported pursuant to such import permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention” for “is imported pursuant to such notification or declaration requirements as the Attorney General may by regulation prescribe, except that if a nonnarcotic controlled substance in schedule III, IV, or V is also listed in schedule I or II of the Convention on Psychotropic Substances it shall be imported pursuant to such import permit requirements, prescribed by regulation of the Attorney General, as are required by the Convention”.

1978—Subsec. (b)(2). Pub. L. 95–633 inserted provision relating to exception for nonnarcotic controlled substances listed in schedule I or II of the Convention on Psychotropic Substances.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment by Pub. L. 95–633 effective on date the Convention on Psychotropic Substances enters into force in the United States [July 15, 1980], see section 112 of Pub. L. 95–633, set out as an Effective Date note under section 801a of this title.

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.

Notes of Decisions
Cited in 3,200 cases (148 in the last 5 years), 1971–2026 · leading case: Alaimalo v. United States
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Alaimalo v. United States (2011) ca9 · cites it 12× “FACTS Alaimalo was convicted in 1997 of three counts of import- ing methamphetamine from California to Guam in violation of 21 U.S.C. §§ 952 (a) & 960 and three counts of possession with intent to distribute methamphetamine in violation of 21 U.”
United States v. James Cabaccang, United States of America v. Richard T. Cabaccang, United States of America v. Roy Tove (2003) ca9 · cites it 11× “The Cabaccangs’ primary contention on appeal is that the transport of drugs on a nonstop flight from one location within the United States to another does not constitute importation within the meaning of 21 U.S.C. § 952 (a), even though the flight traveled through international…”
Garrett v. United States (1985) scotus · cites it 6× “Garrett pleaded guilty to one count of importation of marihuana in violation of 21 U. S. C. §§ 952 , 960(a)(1), 960(b)(2) and 18 U.”
United States v. Nick Russo, James Lowery, Joseph Pine, V.L. Underhill, Jeff Underhill, Harry Almerico, Felipe Muratte, (1986) ca11 · cites it 10× “Following what may be described as a mass jury trial in the United States District Court for the Middle District of Florida, 1 appellants were convicted as follows: Lowery, Almerico and Muratte were convicted of violating §§ 1962(c) and (d); Pine was convicted of violating §§…”
United States v. George Jefferson (2015) ca9 · cites it 9× “JEFFERSON SUMMARY* Criminal Law Affirming a sentence for knowingly and intentionally importing a controlled substance into the United States in violation of 21 U.S.C. §§ 952 and 960, the panel rejected the defendant’s argument that recent Supreme Court authority requires the…”
United States v. James R. Goff, Benjamin Phillip Barrington, Romulo Lon Kuntze, Terry B. Drewes, and Horst Schoenhoff (1988) ca5 · cites it 8× “Fort Stockton: Count 6 (June — October, 1984) Four of the appellants, Barrington, Drewes, Goff, 4 and Kuntze, together with several others, 5 were charged with conspiracy to import more than one kilogram of cocaine from southern Colombia to Fort Stockton, Texas, during the…”
United States v. Adebowale Adesida (1998) ca6 · cites it 7× “The count at issue in the present appeal is Count One, which charged defendant with conspiracy “to knowingly, willfully, intentionally, and unlawfully import and attempt to import” heroin into the United States in violation of 21 U.S.C. § 952 and § 963. In Counts Two and Three,…”
United States v. Ramon Velarde-Gomez (2001) ca9 · cites it 4× “WARDLAW, Circuit Judge: Ramon Velarde-Gomez (“Velarde”) appeals his conviction under 21 U.S.C. §§ 952 and 960 for importation of marijuana, and under 21 U.”
United States v. Gamboa-Cardenas (2007) ca9 · cites it 6× “§ 960 provides the penalties for violations of 21 U.S.C. §§ 952 , 953, 955, 957 and 959, all of which are listed in 21 U.”
United States v. Amy Ralston Pofahl, Charles T. Nunn, and Randy White (1993) ca5 · cites it 5× “Both Pofahl and Nunn were convicted of conspiring to import MDMA into the United States, in violation of 21 U.S.C. §§ 952 (a), 963 (1988). Pofahl was also convicted of money laundering, in violation of 18 U.”
United States v. Hassan (2009) ca2 · cites it 4× “), convicting him, following a jury trial, of one count of conspiracy to import cathinone, in violation of 21 U.S.C. §§ 952 (a), 963, one count of conspiracy to distribute and to possess with intent to distribute cathinone in violation of 21 U.”
United States v. Citlalli Flores (2015) ca9 · cites it 5× “OPINION WARDLAW, Circuit Judge: Citlalli Flores appeals her conviction and sentence for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. Although we find merit in her claims of prosecutorial misconduct, the misconduct does not rise to the level of plain error.”
Show all 3,200 citing cases →
— 21 U.S.C. § 952(a) — 20 cases
United States v. Manuel Martinez Gallegos and Guillermo Madrid-Mutio (1989) ca5
United States v. Bogle (1988) flsd
United States v. Sanchez-Hernandez (2007) ca5
United States v. Roy Toves Cabaccang (2007) ca9
United States v. Manuel Gonzalez (1973) ca2
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.