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18 U.S.C. § 3607 — Special probation and expungement procedures for drug possessors
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),
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Source location: Title 18, Chapter 229, § 3607; chapter-229-postsentence-administration.md
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**(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), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.
**(c) Expungement of Record of Disposition.—** If the case against a person found guilty of an offense under 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)) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered 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 such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose.
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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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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.
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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- [
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Federal law — U.S. Code and appendices · legal_authorities
Page 835
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3607
tion, see section 235(a)(1) of Pub. L. 98–473, set out as a
note under section 3551 of this title.
§ 3604. Transportation of a probationer
A court, after imposing a sentence of proba-
tion, may direct a United States marshal to fur-
nish the probationer with—
(a) transportation to the place to which he is
required to proceed as a condition of his pro-
bation; and
(b) money, not to exceed such amount as the
Attorney General may prescribe, for subsist-
ence expenses while traveling to his destina-
tion.
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 2002.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to
offenses committed after the taking effect of this sec-
tion, see section 235(a)(1) of Pub. L. 98–473, set out as a
note under section 3551 of this title.
§ 3605. Transfer of jurisdiction over a proba-
tioner
A court, after imposing a sentence, may trans-
fer jurisdiction over a probationer or person on
supervised release to the district court for any
other district to which the person is required to
proceed as a condition of his probation or re-
lease, or is permitted to proceed, with the con-
currence of such court. A later transfer of juris-
diction may be made in the same manner. A
court to which jurisdiction is transferred under
this section is authorized to exercise all powers
over the probationer or releasee that are per-
mitted by this subchapter or subchapter B or D
of chapter 227.
(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12,
1984, 98 Stat. 2003.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to
offenses committed after the takin
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3607
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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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