-CITE-
21 USC Sec. 95201/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER II - IMPORT AND
EXPORT
-HEAD-
Sec. 952. Importation of controlled
substances
-STATUTE-
(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.
-SOURCE-
(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, Sec. 519-521, Oct. 12, 1984, 98 Stat.
2075.)
-REFTEXT-
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.
-MISC2-
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.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred to in
sections 954, 956, 958,
960 of this
title; title 18 section 5032; title 28 section 994.
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