Regulations
& Codified CSA > USC
> Subchapter
I, Part D > Section 844
> Section 844A
Section 844a. Civil Penalty for Possession of Small Amounts of
Certain Controlled Substances
In general
(a) Any individual who knowingly possesses a controlled substance that is listed in section
841(b)(1)(A) of this title in violation of section 844(b)(1)(A) of this title in an amount that, as
specified by 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.
Income and net assets
(b) 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.
Prior conviction
(c) 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.
Limitation on number of assessments
(d) A civil penalty may not be assessed on an individual under this section on more than two
separate occasions.
Assessment
(e) 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.
Compromise
(f) The Attorney General may compromise, modify, or remit, with or without conditions, any civil
penalty imposed under this section.
Judicial review
(g) 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.
Civil action
(h) 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.
Limitation
(i) The Attorney General may not under this subsection 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.
Expungement procedures
(j) 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, Section 405, formerly Pub.L. 100-690, Title VI, Section 6486, Nov. 18,
1988, 102 Stat. 4384, renumbered and amended Pub.L. 101- 647, Title X, Section 1002(g)(1),
(2), Nov. 29, 1990, 104 Stat. 4828.)
EDITORIAL NOTES
Prior Provisions
A prior section 405 of Pub.L. 91-513, Title II, Oct. 27, 1970, 84 Stat. 1265, was redesignated
section 418 by Pub.L. 101-647, Section 1002(a)(1). See Section 859 of this title.
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