-CITE-
21 USC Sec.
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND
ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 844. Penalties for
simple possession
-STATUTE-
(a) Unlawful
acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess
a controlled substance unless such substance was obtained directly,
or pursuant to a valid prescription or order, from a practitioner, while
acting in the course of his professional practice, or except as otherwise
authorized by this subchapter or subchapter II of this chapter. It shall
be unlawful for any person knowingly or intentionally to possess any
list I chemical obtained pursuant to or under authority of a registration
issued to that person under section 823 of this
title or section 958 of this title if that registration
has been revoked or suspended, if that registration has expired, or
if the registrant has ceased to do business in the manner contemplated
by his registration. Any person who violates this subsection may be
sentenced to a term of imprisonment of not more than 1 year, and shall
be fined a minimum of $1,000, or both, except that if he commits such
offense after aprior conviction under this subchapter or subchapter
II of this chapter, or a prior conviction for any drug, narcotic, or
chemical offense chargeable under the law of any State, has become final,
he shall be sentenced to a term of imprisonment for not less than 15
days but not more than 2 years, and shall be fined a minimum of $2,500,
except, further, that if he commits such offense after two or more prior
convictions under this subchapter or subchapter II of this chapter,
or two or more prior convictions for any drug, narcotic, or chemical
offense chargeable under the law of any State, or a combination of two
or more such offenses have become final, he shall be sentenced to a
term of imprisonment for not less than 90 days but not more than 3 years,
and shall be fined a minimum of $5,000. Notwithstanding the preceding
sentence, a person convicted under this subsection for the possession
of a mixture or substance which contains cocaine base shall be imprisoned
not less than 5 years and not more than 20 years, and fined a minimum
of $1,000, if the conviction is a first conviction under this subsection
and the amount of the mixture or substance exceeds 5 grams, if the conviction
is after a prior conviction for the possession of such a mixture or
substance under this subsection becomes final and the amount of the
mixture or substance exceeds 3 grams, or if the conviction is after
2 or more prior convictions for the possession of such a mixture or
substance under this subsection become final and the amount of the mixture
or substance exceeds 1 gram. Notwithstanding any penalty provided in
this subsection, any person convicted under this subsection for the
possession of flunitrazepam shall be imprisoned for not more than 3
years, shall be fined as otherwise provided in this section, or both.
The imposition or execution of a minimum sentence required to be imposed
under this subsection shall not be suspended or deferred. Further, upon
conviction, a person who violates this subsection shall be fined the
reasonable costs of the investigation and prosecution of the offense,
including the costs of prosecution of an offense as defined in sections
1918 and 1920 of title 28, except that this sentence shall not apply
and a fine under this section need not be imposed if the court determines
under the provision of title 18 that the defendant lacks the ability
to pay.
(b) Repealed.
Pub. L. 98-473, title II, Sec. 219(a), Oct. 12, 1984, 98 Stat. 2027
(c) ''Drug,
narcotic, or chemical offense'' defined As
used in this section, the term ''drug, narcotic, or chemical offense''
means any offense which proscribes the possession, distribution,
manufacture, cultivation, sale, transfer, or the attempt
or conspiracy to possess, distribute, manufacture, cultivate,
sell or transfer any substance the possession of which is
prohibited under this subchapter.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 404, Oct. 27, 1970, 84 Stat. 1264; Pub. L. 98-473, title II, Sec.
219, Oct. 12, 1984, 98 Stat. 2027; Pub. L. 99-570, title I, Sec. 1052,
Oct. 27, 1986, 100 Stat. 3207-8; Pub. L. 100-690, title VI, Sec. 6371,
6480, Nov. 18, 1988, 102 Stat. 4370, 4382; Pub. L. 101-647, title XII,
Sec. 1201, title XIX, Sec. 1907, Nov. 29, 1990, 104 Stat. 4829, 4854;
Pub. L. 104-237, title II, Sec. 201(a), Oct. 3, 1996, 110 Stat. 3101;
Pub. L. 104-305, Sec. 2(c), Oct. 13, 1996, 110 Stat. 3808.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L.
104-305 inserted ''Notwithstanding any
penalty provided in this subsection, any person convicted under this
subsection for the possession of flunitrazepam shall be imprisoned
for not more than 3 years, shall be fined as otherwise provided
in this section, or both.'' after ''mixture or substance exceeds
1 gram.''
Pub. L. 104-237, Sec. 201(a)(1),
inserted after first sentence ''It
shall be unlawful for any person knowingly or intentionally to possess
any list I chemical obtained pursuant to or under authority of
a registration issued to that person under section 823
of this title or section
958
of this title if that registration has been revoked
or suspended, if that registration has expired, or if the registrant
has ceased to do business in the manner contemplated by his registration.''
and substituted ''drug, narcotic, or chemical'' for ''drug or narcotic''
in two places.
Subsec. (c). Pub. L. 104-237,
Sec. 201(a)(2), substituted ''drug, narcotic,
or chemical'' for ''drug or narcotic''.
1990 - Subsec. (a). Pub. L.
101-647, Sec. 1907, inserted subsec. (a)
designation.
Pub. L. 101-647, Sec. 1201,
substituted ''shall be imprisoned not less
than 5 years and not more than 20 years, and fined a minimum of
$1,000'' for ''shall be fined under title 18 or imprisoned not less
than 5 years and not more than 20 years, or both''.
1988 - Subsec. (a). Pub.
L. 100-690, Sec. 6480(1)(A)-(C), struck out
''but not more than $5,000'' after ''$1,000'', ''but not more than
$10,000'' after ''$2,500'', and ''but not more than $25,000'' after
''$5,000'' in second sentence.
Pub. L. 100-690, Sec. 6371,
inserted provisions relating to increased
penalties in cases of certain serious crack possession offenses,
making offenders subject to fines under title 18 or imprisonment
to terms not less than 5 years nor more than 20 years, or
both.
1986 - Subsec. (a). Pub. L.
99-570 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''It shall
be unlawful for any person knowingly or intentionally to possess
a controlled substance unless such substance was obtained directly,
or pursuant to a valid prescription or order, from a practitioner,
while acting in the course of his professional practice,
or except as otherwise authorized by this subchapter or subchapter
II of this chapter. Any person who violates this subsection
shall be sentenced to a term of imprisonment of not more than
one year, a fine of not more than $5,000, or both, except that if
he commits such offense after a prior conviction or convictions under
this subsection have become final, he shall be sentenced to a term
of imprisonment of not more than 2 years, a fine of not more than
$10,000 or both.''
Subsec. (b). Pub. L. 99-570,
in amending subsec. (b) generally, substituted
''Upon the discharge of such person and dismissal of the
proceedings'' for ''Upon the dismissal of such person and discharge
of the proceedings'' in par. (2).
Subsec. (c). Pub. L. 99-570,
in amending section generally, added subsec.
(c).
1984 - Pub. L. 98-473 struck
out subsec. (a) designation and struck out subsec. (b) which related
to probation before judgment and expunging of records for first offense.
EFFECTIVE DATE OF 1984
AMENDMENT
Amendment by Pub. L. 98-473
effective Nov. 1, 1987, and applicable only to offenses committed after
the taking effect of such amendment, see section 235(a)(1) of Pub. L.
98-473, set out as an Effective Date note under section 3551 of Title
18, Crimes and Criminal Procedure.
-SECREF-
SECTION REFERRED TO IN OTHER
SECTIONS
This section is referred to
in sections 841, 844a,
885 of this title;
title 18 sections 3553, 3607; title 42 section 14052.
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