Importation of Morphine Sulfate for Placement in the National Defense Stockpile

Headnotes: 

The Attorney General may authorize the General Services Administration to import morphine sulfate from Turkey for placement in the National Defense Stockpile under an exception in 21 U.S.C. § 952(a)(2)(A), if he determines that acquisition by import is necessary due to an emergency in which domestic supplies are inadequate to meet a legitimate need of the United States.

A reasonable argument can be made that the prohibition in 21 U.S.C. § 952(a) does not apply to the importation of drugs by the United States, notwithstanding long-standing and consistent administrative practice and interpretation to the contrary.

Updated July 9, 2014