21 U.S.C. 952 Importation of Controlled Substances

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[Laws in effect as of January 3, 2005]

[Document not affected by Public Laws enacted between

January 3, 2005 and March 20, 2006]

[CITE: 21USC952]

TITLE 21--FOOD AND DRUGS

CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL

SUBCHAPTER II--IMPORT AND EXPORT

Sec. 952. Importation of controlled substances

(a) Controlled substances in schedule I or II and narcotic drugs in

schedule III, IV, or V; exceptions

It 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 of

this chapter, or any narcotic drug in schedule III, IV, or V of

subchapter I of this chapter, except that--

(1) such amounts of crude opium, poppy straw, concentrate of

poppy straw, and coca leaves 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 V

It 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) of this section, 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.

(Pub. L. 91-513, title III, Sec. 1002, Oct. 27, 1970, 84 Stat. 1285;

Pub. L. 95-633, title I, Sec. 105, Nov. 10, 1978, 92 Stat. 3772; Pub. L.

98-473, title II, Secs. 519-521, Oct. 12, 1984, 98 Stat. 2075.)

References 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

1984--Subsec. (a)(1). Pub. L. 98-473, Sec. 519, amended par. (1)

generally, inserting references to poppy straw and concentrate of poppy

straw.

Subsec. (a)(2)(C). Pub. L. 98-473, Sec. 520, added subpar. (C).

Subsec. (b)(2). Pub. L. 98-473, Sec. 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.

Effective 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.