21 U.S.C. 952 Prohibits the Importation of Controlled Substances

A person charged with 21 USC 952, a felony, for smuggling meth, cocaine, heroin, or marijuana may have no prison time or penalties of fine and up to life in prison, depending on the quantity of the illegal drug. It is common for prosecutors to charge a person with 21 USC 952 and 960.

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The US Customs and Border Patrol report its 2023 statistics for drug smuggling were reduced. However, Nationwide in June 2023, smuggling of cocaine, methamphetamine, heroin, fentanyl, and marijuana (combined, by weight) increased 7%.

Is 21 USC 952 a felony?

Yes, under 21 U.S.C. 952 subsection (a), it is a felony for a person to import into the United States any controlled substance in schedule I or II, or any narcotic drug in schedule III, IV, or V such as meth, cocaine, marijuana, and fentanyl. Under 21 U.S.C. 952 subsection (b) it is a felony for a person to import into the United States any nonnarcotic controlled substance in schedule III, IV, or V. You must contact drug defense attorney if charged with drug smuggling.

The border in San Diego, California, with Mexico, has one of the highest criminal arrests and drug charges in the United States. A person arrested for smuggling drugs will be charged with a federal crime under two laws, 21 USC 952 and 960. Under 21 USC 952, importing illegal drugs or controlled substances such as meth, cocaine, marijuana, and fentanyl is a crime. Drug cartels often employ people to import illicit drugs into the United States. The drug cartels often hire people desperate for money to smuggle illegal drugs. In violation of 21 USC 952, the person who attempts to enter the US border with illicit drugs is considered a “mule.” Customs and Border Protection (CBP) agents arrest drug smugglers and confiscate illegal drugs worth millions of dollars every year. Three of the highest illegal drug importation occur at San Diego’s San Ysidro, Otay Mesa, Tecate, and Calexico Port of Entry.

What is the punishment for 21 USC 952?

The penalties include minimum jail and prison time punishment for violating 21 USC 952 depends on the quantity of illegal drugs involved in the smuggling. Also the penalties depends on whether the charges include 21 USC 952 960. The jail time punishment are as follows:

  • 10 Years to Life – when a person is guilty of smuggling or importing at least 5 kilos of cocaine, 1 kilo of heroin, 1000 kilos of marijuana, or 50 grams of meth. Laws: 21 U.S.C. §§ 841(b)(1)(A) and 960(b)(1)
  • 5 to 40 Years – when a person is guilty of smuggling or importing at least 500 grams of cocaine, 100 grams of heroin, 100 kilos of marijuana or 5 grams of meth.
  • 0 to 20 years – when a person is guilty of smuggling or importing less than 499 grams of cocaine, 99 grams of heroin, 99 kilos of marijuana, or 4 grams of meth. A maximum of 5 years for smuggling or importing less than 50 kilos of marijuana.

The most important factor when a judge considers 21 USC 952 penalties and prison time for a defendant is the quantity of illegal drugs involved. Contact attorney Tom Rist to defend against a criminal charge under 21 USC 952.

Contact criminal defense attorney Tom Rist.

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