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CITE

    21 USC Sec. 952                                             01/05/2009

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, 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 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.
    (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.

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, Secs. 519-521, Oct. 12, 1984, 98
    Stat. 2075; Pub. L. 109-177, title VII, Sec. 715, Mar. 9, 2006, 120
    Stat. 264.)

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

      2006 - Subsec. (a). Pub. L. 109-177, Sec. 715(1)(A), inserted "or
    ephedrine, pseudoephedrine, or phenylpropanolamine," after
    "schedule III, IV, or V of subchapter I of this chapter," in
    introductory provisions.
      Subsec. (a)(1). Pub. L. 109-177, Sec. 715(1)(B), inserted ", and
    of ephedrine, pseudoephedrine, and phenylpropanolamine," after
    "coca leaves".
      Subsecs. (d), (e). Pub. L. 109-177, Sec. 715(2), added subsecs.
    (d) and (e).
      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.
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