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21 U.S.C. § 844 — Penalties for simple possession
Federal law — U.S. Code and appendices · legal_authorities
**(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. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823&num=0&edition=prelim) or [section 958 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section958&num=0&edition=prelim) if that registration has been revoked or suspended, if that registration has expired, or if the registrant has ceased to do business in the manner contemplated by his registration. It shall be unlawful for any person to knowingly or intentionally purchase at retail during a 30 day period more than 9 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product, except that, of such 9 grams, not more than 7.5 grams may be imported by means of shipping through any private or commercial carrier or the Postal Service. 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, 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
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Source file: Laws/federal/codes/united-states-code/title-21/section-844-penalties-for-simple-possession--e260929fe3.md
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Source location: Title 21, Chapter 13, § 844; chapter-013-drug-abuse-prevention-and-control.md
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**(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. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823&num=0&edition=prelim) or [section 958 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section958&num=0&edition=prelim) 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. It shall be unlawful for any person to knowingly or intentionally purchase at retail during a 30 day period more than 9 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product, except that, of such 9 grams, not more than 7.5 grams may be imported by means of shipping through any private or commercial carrier or the Postal Service. 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, 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, 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 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**
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicants to import or export controlled substances in schedule I or II** The Attorney General shall register an applicant to import or export a controlled substance in schedule I or II if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. In determining the public interest, the factors enumerated in paragraph (1) through (6) of [section 823(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823/a&num=0&edition=prelim) shall be considered.
**(b) Activity limited to specified substances** Registration granted under this section shall not entitle a registrant to import or export controlled substances other than specified in the registration.
**(c) Applicants to import controlled substances in schedule III, IV, or V or to export controlled substances in schedule III or IV; applicants to import or export list I chemicals**
(1) The Attorney General shall register an applicant to import a controlled substance in schedule III, IV, or V or to export a controlled substance in schedule III or IV, unless he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the factors enumerated in paragraphs (1) through (6) of [section 823(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823/e&num=0&edition=prelim) shall be considered.
(2)
(A) The Attorney General shall register an applicant to import or export a list I chemical unless the Attorney General determines that registration of the applicant is inconsistent with the public interest. Registration under this subsection sha
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 958
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Manufacturers of controlled substances in schedule I or II** The Attorney General shall register an applicant to manufacture controlled substances in schedule I or II if he determines that such registration is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971. In determining the public interest, the following factors shall be considered:
(1) maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule I or II compounded therefrom into other than legitimate medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research, and industrial purposes;
(2) compliance with applicable State and local law;
(3) promotion of technical advances in the art of manufacturing these substances and the development of new substances;
(4) prior conviction record of applicant under Federal and State laws relating to the manufacture, distribution, or dispensing of such substances;
(5) past experience in the manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and
(6) such other factors as may be relevant to and consistent with the public health and safety.
**(b) Distributors of controlled substances in schedule I or II** The Attorney General shall register an applicant to distribute a controlled substance in schedule I or II unless he determines that the issuance of such registration is inconsist
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 823
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Federal law — U.S. Code and appendices · legal_authorities
Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute, including sections 13 and 1153 of this title, other than an Act of Congress applicable exclusively in the District of Columbia or the Uniform Code of Military Justice, shall be sentenced in accordance with the provisions of this chapter so as to achieve the purposes set forth in subparagraphs (A) through (D) of section 3553(a)(2) to the extent that they are applicable in light of all the circumstances of the case.
**(b) Individuals.—** An individual found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other sentence. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
**(c) Organizations.—** An organization found guilty of an offense shall be sentenced, in accordance with the provisions of section 3553, to—
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to probation. A sanction authorized by section 3554, 3555, or 3556 may be imposed in addition to the sentence required by this subsection.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Pre-judgment Probation.—** If a person found guilty of an offense described in section 404 of the Controlled Substances Act ([21 U.S.C. 844](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section844&num=0&edition=prelim))—
(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and
(2) has not previously been the subject of a disposition under this subsection;
the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565.
**(b) Record of Disposition.—** A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person qualifies for the disposition provided in subsection (a) or the expungement provided in subsection (c). A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c),
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3607
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
**(b) Penalties** Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
(1)
(A) In the case of a violation of subsection (a) of this section involving—
(i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
(ii) 5 kilograms or more of a mixture or substance containing a detectable amount of—
(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
(iii) 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 841
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any individual who knowingly possesses a controlled substance that is listed in [section 841(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b/1/A&num=0&edition=prelim) in violation of [section 844 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section844&num=0&edition=prelim) 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.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 844a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** It is the policy of the Federal Government that the use or distribution of illegal drugs in the Nation’s Federal prisons will not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law.
**(b) Sentencing guidelines** Pursuant to its authority under [section 994 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim), the United States Sentencing Commission shall amend its sentencing guidelines to appropriately enhance the penalty for a person convicted of an offense—
(1) under [section 844 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section844&num=0&edition=prelim) involving simple possession of a controlled substance within a Federal prison or other Federal detention facility; or
(2) under [section 841(b) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841/b&num=0&edition=prelim) involving the smuggling of a controlled substance into a Federal prison or other Federal detention facility or the distribution or intended distribution of a controlled substance within a Federal prison or other Federal detention facility.
**(c) No probation** Notwithstanding any other law, the court shall not sentence a person convicted of an offense described in subsection (b) to probation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12522
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Federal law — U.S. Code and appendices · legal_authorities
Page 852
TITLE 21—FOOD AND DRUGS
§ 844
(4) The court shall proceed as soon as prac-
ticable to the hearing and determination of such
an action. An action under this subsection is
governed by the Federal Rules of Civil Proce-
dure except that, if an indictment has been re-
turned against the respondent, discovery is gov-
erned by the Federal Rules of Criminal Proce-
dure.
(Pub. L. 91–513, title II, § 403, Oct. 27, 1970, 84
Stat. 1263; Pub. L. 95–633, title II, § 202(b)(3), Nov.
10, 1978, 92 Stat. 3776; Pub. L. 98–473, title II, § 516,
Oct. 12, 1984, 98 Stat. 2074; Pub. L. 99–570, title I,
§ 1866(a), Oct. 27, 1986, 100 Stat. 3207–54; Pub. L.
100–690, title VI, § 6057, Nov. 18, 1988, 102 Stat.
4319; Pub. L. 103–200, § 3(g), Dec. 17, 1993, 107 Stat.
2337; Pub. L. 103–322, title IX, § 90106, Sept. 13,
1994, 108 Stat. 1988; Pub. L. 104–237, title II,
§§ 203(a), 206(b), Oct. 3, 1996, 110 Stat. 3102, 3103;
Pub. L. 107–273, div. B, title IV, § 4002(d)(2)(C),
Nov. 2, 2002, 116 Stat. 1810; Pub. L. 108–21, title
VI, § 608(d), Apr. 30, 2003, 117 Stat. 691; Pub. L.
110–425, § 3(g), Oct. 15, 2008, 122 Stat. 4830; Pub. L.
117–215, title I, § 103(b)(1)(H), Dec. 2, 2022, 136
Stat. 2263.)
Editorial Notes
REFERENCES IN TEXT
Schedules I and II, referred to in subsecs. (a)(1) and
(c)(1), are set out in section 812(c) of this title.
This subchapter, referred to in subsec. (c)(2)(A), (C)(i),
was in the original ‘‘this title’’, meaning title II of Pub.
L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly
known as the ‘‘Controlled Substances Act’’. For com-
plete classification of title II to the Code, see second
paragraph of Short Title note set out under section 801
of this title and Tables.
The Controlled Substances Import and Export Act,
referred to in subse
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 844
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