21 U.S.C.§§ 841(b)(1)(B) provides for enhanced sentencing for trafficking crimes “if death or serious bodily injury results from the use of the controlled substance either possessed or imported by the defendant”. The U.S. Supreme Court Case of Baez-Gil vs. United States considered the proper construction of the term “use”.  At issue in Baez-Gill was whether “use” included the swallowing of a balloon containing heroin for smuggling purposes constituted “use”. 2013 WL 2422803.   The Defendant argued that “use” means the “ingestion or introduction of a controlled substance into one’s body ‘for the purpose of obtaining the benefit or reaction from the drug'”.  In other words, taking the drug for its narcotic or psycohactive properties.

The Court did not resolve whether the Defendant’s interpretation was correct or incorrect as the argument was just part of his ineffective assistance of counsel claim.  However, the Court did reference the district court case of United States v. Baker 05-cr-496, which found that the person swallowing the drugs for purposes of importation or possession had  made “use” of the drug.  However, the proper construction of the term “use” has not been ruled on by the Supreme Court and remains a novel question of law.