Reading Room Document

Applicability of 21 U.S.C. § 952(a) to the Importation of Morphine Sulfate by the General Services Administration

The provision in 21 U.S C. § 952(a), which prohibits importation of certain controlled substances except in certain specified circumstances, applies to importation by the United States government. Notwithstanding the canon of statutory construction that a law should not be read to impose new burdens on the government in derogation of its preexisting nghts and privileges, well-established and consistent administrative practice and interpretation of the coverage of 21 U.S.C. § 952(a), as well as its legislative history, indicate that that law covers importations by the United States government. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23181/download.

October 18, 1982