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Regulations
& Codified CSA > USC
> Subchapter
I, Part D > Section 844
Section 844. Penalty for Simple Possession
Simple possession
(a) 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 303 of this title or section
1008 of title III if that registration has been revoked or suspended, if that registration has expired,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 a prior 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, 219(a), Oct. 12, 1984, 98 Stat. 2027.
Definition
(c) 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.
(Pub.L. 91-513, Title II, 404, Oct. 27, 1970, 84 Stat. 1264; Pub.L. 98-473, Title II, 219, Oct.
12, 1984, 98 Stat. 2027; Pub.L. 99- 570, Title I, 1052, Oct. 27, 1986, 100 Stat. 3207-8;
Pub.L. 100-690, Title VI, 6371, 6480, Nov. 18, 1988, 102 Stat. 4370, 4382; Pub.L. 101-647,
Title XII, 1201, Title XIX, 1907, Nov. 29, 1990, 104 Stat. 4829, 4854; Pub.L. 104-237, Title
XII, 201(a), Oct. 3, 1996, 110 Stat. 3101; Pub.L. 104-305, 2(c), Oct. 13, 1996, 110 Stat.)
Section Applicable to Offenses Committed Prior to Nov. 1, 1987
This section as in effect prior to amendment by Pub.L. 98-473 read as follows:
(a) 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 may be sentenced to a term of imprisonment of not more than 1 year, and shall be
fined a minimum of $1,000 but not more than $5,000, or both, except that if he commits such
offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior
conviction for any drug or narcotic 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 but not more than $10,000, 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 or narcotic 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 but not more than $25,000. 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.
Probation; expungement of records relating to arrest, etc.
(b)(1) If any person who has not previously been convicted of violating subsection
(a) of this section, any other provision of this subchapter or subchapter II of this
chapter, or any other law of the United States relating to narcotic drugs, marihuana,
or depressant or stimulant substances, is found guilty of a violation of subsection
(a) of this section after trial or upon a plea of guilty, the court may, without entering
a judgment of guilty and with the consent of such person, defer further proceedings
and place him on probation upon such reasonable conditions as it may require and
for such period, not to exceed one year, as the court may prescribe. Upon violation
of a condition of the probation, the court may enter an adjudication of guilt and
proceed as otherwise provided. The court may, in its discretion, dismiss the
proceedings against such person and discharge him from probation before the
expiration of the maximum period prescribed for such person's probation. If during
the period of his probation such person does not violate any of the conditions of the
probation, then upon expiration of such period the court shall discharge such person
and dismiss the proceedings against him. Discharge and dismissal under this
subsection shall be without court adjudication of guilt, but a nonpublic record
thereof shall be retained by the Department of Justice solely for the purpose of use
by the courts in determining whether or not, in subsequent proceedings, such person
qualifies under this subsection. Such discharge or dismissal shall not be deemed a
conviction for purposes of disqualifications or disabilities imposed by law upon
conviction of a crime (including the penalties prescribed under this part for second
or subsequent convictions) or for any other purpose. Discharge and dismissal under
this section may occur only once with respect to any person.
(2) Upon the discharge of such person and dismissal of the proceedings against him
under paragraph (1) of this subsection, such person, if he was not over twenty-one
years of age at the time of the offense, may apply to the court for an order to
expunge from all official records (other than the nonpublic records to be retained by
the Department of Justice under paragraph (1)) all recordation relating to his arrest,
indictment or information, trial, finding of guilty, and dismissal and discharge
pursuant to this section. If the court determines, after hearing, that such person was
dismissed and the proceedings against him discharged and that he was not over
twenty-one years of age at the time of the offense, it shall enter such order. The
effect of such order shall be to restore such person, in the contemplation of the law,
to the status he occupied before such arrest or indictment or information. No
person as to whom such order has been entered shall be held thereafter under any
provision of any law to be guilty of perjury or otherwise giving a false statement by
reason of his failures to recite or acknowledge such arrest, or indictment or
information, or trial in response to any inquiry made of him for any purpose.
Definition
(c) As used in this section, the term "drug or narcotic 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.
For applicability of sentencing provisions to offenses, see Effective Date and Savings Provisions,
etc., note, section 235 of Pub.L. 98-473, as amended, set out under section 3551 of Title 18,
Crimes and Criminal Procedure.
EDITORIAL NOTES
References in Text. "This subchapter", referred to in subsec. (a), was in the original "this title"
which is Title II of Pub.L. 91-513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the
"Controlled Substances Act". For complete classification of Title II to the Code, see Short Title
note set out under section 801 of this title and Tables.
"Subchapter II of this chapter", referred to in subsec. (a), was in the original "title III", meaning
Title III of Pub.L. 91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of Title III comprises subchapter
II of this chapter. For classification of Part B, consisting of sections 1101 to 1105 of Title III, see
Tables.
Effective Date and Savings Provisions of 1984 Amendment. Amendment by Pub.L. 98-473
effective on the first day of first calendar month beginning thirty six months after Oct. 12, 1984,
applicable only to offenses committed after taking effect of sections 211 to 239 of Pub.L. 98-473,
and except as otherwise provided for therein, see section 235 of Pub.L. 98-473, as amended, set
out as a note under section 3551 of Title 18, Crimes and Criminal Procedure. Back
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NOTICE: This is an
unofficial version. An official version of this publication may be obtained
directly from the Government Printing Office (GPO).
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