(a) In general
Any individual who knowingly possesses a controlled substance that is
listed in section 841(b)(1)(A) of this title in violation of section
regulation of the Attorney General, is a personal use amount shall be
liable to the United States for a civil penalty in an amount not to
exceed $10,000 for each such violation.
(b) Income
and net assets The income and net assets of an individual shall not
be relevant to the determination whether to assess a civil penalty under
this section or to prosecute the individual criminally. However, in
determining the amount of a penalty under this section, the income and
net assets of an individual shall be considered.
(c) Prior
conviction
A civil penalty may not be assessed under this section if the individual
previously was convicted of a Federal or State offense relating to a
controlled substance.
(d) Limitation
on number of assessments
A civil penalty may not be assessed on an individual under this section
on more than two separate occasions.
(e) Assessment
A civil penalty under this section may be assessed by the Attorney General
only by an order made on the record after opportunity for a hearing
in accordance with section 554 of title 5. The Attorney General shall
provide written notice to the individual who is the subject of the proposed
order informing the individual of the opportunity to receive such a
hearing with respect to the proposed order. The hearing may be held
only if the individual makes a request for the hearing before the expiration
of the 30-day period beginning on the date such notice is issued.
(f) Compromise
The Attorney General may compromise, modify, or remit, with or without
conditions, any civil penalty imposed under this section.
(g) Judicial
review
If the Attorney General issues an order pursuant to subsection (e)
of this section after a hearing described in such subsection, the individual
who is the subject of the order may, before the expiration of the 30-day
period beginning on the date the order is issued, bring a civil action
in the appropriate district court of the United States. In such action,
the law and the facts of the violation and the assessment of the civil
penalty shall be determined de novo, and shall include the right of
a trial by jury, the right to counsel, and the right to confront witnesses.
The facts of the violation shall be proved beyond a reasonable doubt.
(h) Civil
action
If an individual does not request a hearing pursuant to subsection (e)
of this section and the Attorney General issues an order pursuant to
such subsection, or if an individual does not under subsection (g) of
this section seek judicial review of such an order, the Attorney General
may commence a civil action in any appropriate district court of the
United States for the purpose of recovering the amount assessed and
an amount representing interest at a rate computed in accordance with
section 1961 of title 28. Such interest shall accrue from the expiration
of the 30-day period described in subsection (g) of this section. In
such an action, the decision of the Attorney General to issue the order,
and the amount of the penalty assessed by the Attorney General, shall
not be subject to review.
(i) Limitation
The Attorney General may not under this subsection (FOOTNOTE 1) commence
proceeding against an individual after the expiration of the 5-year
period beginning on the date on which the individual allegedly violated
subsection (a) of this section.
(FOOTNOTE 1) So in original.
Probably should be ''section''.
(j) Expungement
procedures
The Attorney General
shall dismiss the proceedings under this section
against an individual upon application of such individual at
any time after the expiration of 3 years if -
(1) the individual has not
previously been assessed a civil penalty
under this section;
(2) the individual has paid
the assessment;
(3) the individual has complied
with any conditions imposed by the
Attorney General;
(4) the individual has not
been convicted of a Federal or State offense
relating to a controlled substance; and
(5) the individual agrees
to submit to a drug test, and such test shows the individual to be
drug free. A nonpublic record of a disposition under this subsection
shall be retained by the Department of Justice solely for the purpose
of determining in any subsequent proceeding whether the person qualified
for a civil penalty or expungement under this section. If a record
is expunged under this subsection, an individual concerning
whom such an expungement has been made shall not be held thereafter
under any provision of law to be guilty of perjury, false
swearing, or making a false statement by reason of his failure
to recite or acknowledge a proceeding under this section or the
results thereof in response to an inquiry made of him for any purpose.
(Pub. L. 91-513, title II,
Sec. 405, formerly Pub. L. 100-690, title
VI, Sec. 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered Sec. 405
of Pub. L. 91-513, and amended Pub. L. 101-647, title X, Sec. 1002(g)(1),
(2), Nov. 29, 1990, 104 Stat. 4828.)
1990 - Subsec. (a). Pub.
L. 101-647, Sec. 1002(g)(2)(A), made technical amendments to references
to sections 841(b)(1)(A) and of this title to correct references to
corresponding provisions of original act.
Subsecs. (c), (j)(4). Pub.
L. 101-647, Sec. 1002(g)(2)(B), (C), struck out ''as defined in section
802 of this title'' after ''controlled substance''.