Drug Importation- FEDERAL


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Federal Drug Importation- 21 U.S.C. 952 and 21 U.S.C. 960

To be convicted of the federal drug crime of drug importation, the government must prove the following three (3) essential elements beyond a reasonable doubt: (1) the Accused brought a controlled substance into the United States from a place outside the United States; (2) the Accused knew the substance brought into the United States was a controlled substance; and (3) the Accused knew that the controlled substance would enter the United States.

The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of title 21 U.S.C. 812. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954.

 The term “narcotic drug” means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(A) Opium, opiates, derivatives of opium and opiates …

(B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates.
(C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clause (A) or (B).

(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers.

(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E)

The government need not prove the actual amount of the controlled substance.  The government must prove beyond a reasonable doubt, however, that a measurable amount of the controlled substance was, in fact, knowingly and intentionally possessed by the Accused.

It is also not necessary for the government to prove that the Accused knew the precise nature of the controlled substance or narcotic drug that was possessed. The government must prove beyond a reasonable doubt, however, that Accused did know that some type of controlled substance or narcotic drug was possessed.

A person is entrapped when that person has no previous intent or disposition or willingness to commit the crime charged and is induced or persuaded by law enforcement officers or by their agents to commit the offense.

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