When can you charge under 21 USC 952 for the importation of controlled substances?

Charging under 21 USC 952 for the importation of controlled substances requires proving that the substance in question was indeed imported illegally. This statute focuses specifically on the act of importing controlled substances into the United States, and the essential element of any charge is establishing that the substance crossed U.S. borders without lawful authorization.

This legal requirement emphasizes the importance of direct evidence linking the substance to an importation event. It is not sufficient to only suspect or identify that a substance is controlled; the prosecution must demonstrate conclusively that the importation occurred. This involves gathering substantial evidence such as shipping documents, witness statements, or physical evidence of the import event. Thus, proving the act of importation is critical for a charge under this statute.