21 U.S.C. § 952 — Importation of controlled substances

(a) Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or V; exceptions. It is unlawful to import into the customs territory of the United States from any place outside that territory but within the United States, or to import into the United States from any place outside the United States, any controlled substance in schedule I or II of subchapter I, any narcotic drug in schedule III, IV, or V of subchapter I, or ephedrine, pseudoephedrine, or phenylpropanolamine. The exceptions are: (1) amounts of crude opium, poppy straw, concentrate of poppy straw, coca leaves, ephedrine, pseudoephedrine, and phenylpropanolamine that the Attorney General finds necessary for medical, scientific, or other legitimate purposes; and (2) 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 necessary for the medical, scientific, or other legitimate needs of the United States: (A) during an emergency in which the Attorney General finds that domestic supplies of the substance or drug are inadequate; (B) when the Attorney General finds that competition among domestic manufacturers of the controlled substance is inadequate and will not become adequate through the registration of additional manufacturers under section 823 of this title; or (C) when the Attorney General finds that the controlled substance is available in limited quantities exclusively for scientific, analytical, or research uses. These amounts may be imported under regulations prescribed by the Attorney General. Crude opium may not be imported under this subsection to manufacture heroin or smoking opium. (b) Nonnarcotic controlled substances in schedule III, IV, or V. It is unlawful to import into the customs territory of the United States from any place outside that territory but within the United States, or to import into the United States from any place outside the United States, any nonnarcotic controlled substance in schedule III, IV, or V, unless the substance is imported for medical, scientific, or other legitimate uses and is imported under the notification, declaration, or, for a schedule III nonnarcotic controlled substance, import-permit, requirements that the Attorney General prescribes by regulation. However, if a schedule IV or V nonnarcotic controlled substance is also listed in schedule I or II of the Convention on Psychotropic Substances, it must be imported under the import-permit requirements that the Attorney General prescribes by regulation as 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 additional amounts of coca leaves to be imported. All cocaine and ecgonine, and all salts, derivatives, and preparations from which cocaine or ecgonine may be synthesized or made, contained in those additional amounts of coca leaves imported under this subsection must be destroyed under the supervision of an authorized representative of the Attorney General. (d) Application for increased importation of ephedrine, pseudoephedrine, or phenylpropanolamine. (1) A registrant under section 958 who is authorized under subsection (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine may apply at any time during the year for an increase in the amount of that chemical the registrant is authorized to import. The Attorney General may approve the application if the Attorney General determines that approval is necessary for medical, scientific, or other legitimate purposes regarding the chemical. (2) For the application under paragraph (1): (A) Not later than 60 days after receiving the application, the Attorney General must approve or deny it. (B) When approving the application, the Attorney General must specify how long the approval is effective, or must provide that it is effective until the registrant 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 60-day period in subparagraph (A) ends, the application is deemed approved. That approval remains effective 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 salt, optical isomer, and salt of an optical isomer of that chemical.