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DRUG IMPORTATION
21 U.S.C. § 952 (2007).
The Crime
- It is a crime under section 952(a) for a person to import into the United States any controlled substance in schedule I or II, or any narcotic drug in schedules III, IV, or V. 21 U.S.C. § 952(a)
- It is a crime under section 952(b) for a person to import into the United States any nonnarcotic controlled substance found in schedules III, IV, or V.
For the delineation of the drug schedules, please visit our Drug Crimes page.
Exceptions
- The importation ban found in subsection (a) does not apply to crude opium, poppy straw, and coca leaves in amounts that the Attorney General finds to be necessary to provide for medical, scientific, or other legitimate purposes. 21 U.S.C. § 952(a)(1). Furthermore, controlled substances in schedule I and II, as well as narcotic drugs in schedules III, IV, and V, in amounts approved by the Attorney General, are not subject to the ban. Id. § 952(a)(2). The Attorney General must devise regulations for the importation of these drugs.
- The importation ban found in subsection (b) does not apply to nonnarcotic substances that are imported for medical, scientific, or other legitimate uses, and is imported pursuant regulations promulgated by the Attorney General.
The Punishment
Any person who violates section 952 is subject to the penalties found in 21 § 960(b). The list of penalties is long and complicated, and it depends on the amount and type of the drugs that the defendant possesses. For more information on penalties for drug possession, please visit our Drug Possession page.
Case Law Dealing With Drug Importation
As a primary consideration, it is important to note that the importation of drugs does not need to be done for distribution of commercial purpose. In one case, the defendant argued, and the government agreed, that he entered the country possessing approximately 14 grams of cocaine intended for his personal use. United States v. Probert, 737 F. Supp. 1006, 1006-07 (E.D. Mich. 1989). The court would not dismiss the indictment because "The offense of importation of a controlled substance in the United States requires proof (1) that the substance was imported; (2) that it was imported knowingly and willfully; and (3) that the defendant willfully associated himself with the importation venture." Id. at 1008. However, the court notes that "[m]ere possession of a controlled substance that is of foreign origin, is insufficient to establish importation. A critical element of the offense is that the defendant import the substance or cause it to be imported." Id.
However, the definition of "import" means "with respect to any article, the bringing in or introduction of such an article into any area of the United States. Therefore, it is unlawful to bring into any Customs territory of the United States from any place outside the United States a controlled substance." Id.