21 U.S.C. § 844 — Penalties for simple possession

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 subsec. (c)(2)(A), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables. This subchapter or subchapter II of this chapter, re- ferred to in subsec. (d)(2)(B), was in the original a ref- erence to ‘‘this subchapter or subchapter II of this chapter’’ but probably should be a reference to ‘‘this title or title III of this Act’’, meaning titles II and III, respectively, of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, 1285. The Federal Rules of Civil Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. AMENDMENTS 2022—Subsec. (c)(2)(B). Pub. L. 117–215 substituted ‘‘823(g)’’ for ‘‘823(f)’’. 2008—Subsec. (c). Pub. L. 110–425 designated existing provisions as par. (1) and added par. (2). 2003—Subsec. (f)(1). Pub. L. 108–21 substituted ‘‘this section, section 842 of this title, or 856 of this title’’ for ‘‘this section or section 842 of this title’’. 2002—Subsec. (d). Pub. L. 107–273 substituted ‘‘under title 18, or both;’’ for ‘‘of not more than $30,000, or both;’’ in two places and ‘‘under title 18, or both.’’ for ‘‘of not more than $60,000, or both.’’ in two places. 1996—Subsec. (d). Pub. L. 104–237, § 203(a), inserted par. (1) designation, substituted ‘‘Except as provided in paragraph (2), any person’’ for ‘‘Any person’’, and added par. (2). Subsec. (e). Pub. L. 104–237, § 206(b)(1), inserted ‘‘man- ufacture, exportation,’’ after ‘‘distribution,’’ and struck out ‘‘regulated’’ after ‘‘engaging in any’’. Subsec. (f). Pub. L. 104–237, § 206(b)(2), added subsec. (f). 1994—Subsecs. (c) to (e). Pub. L. 103–322 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1993—Subsec. (a)(6), (7). Pub. L. 103–200, § 3(g)(1), amended pars. (6) and (7) generally. Prior to amend- ment, pars. (6) and (7) read as follows: ‘‘(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin cap- sule, or equipment specially designed or modified to manufacture a controlled substance, with intent to manufacture a controlled substance except as author- ized by this subchapter; ‘‘(7) to manufacture, distribute, or import any three- neck round-bottom flask, tableting machine, encap- sulating machine, gelatin capsule, or equipment spe- cially designed or modified to manufacture a controlled substance, knowing that it will be used to manufacture a controlled substance except as authorized by this sub- chapter; or’’. Subsec. (a)(9). Pub. L. 103–200, § 3(g)(2), (3), added par. (9). 1988—Subsec. (a)(4)(B). Pub. L. 100–690, § 6057(a)(1), substituted ‘‘a listed chemical’’ for ‘‘piperidine’’. Subsec. (a)(6) to (8). Pub. L. 100–690, § 6057(a)(2)–(4), added pars. (6) to (8). Subsec. (d). Pub. L. 100–690, § 6057(b), added subsec. (d). 1986—Subsec. (a)(2). Pub. L. 99–570 substituted a semi- colon for the period at end. 1984—Subsec. (a)(2). Pub. L. 98–473 added applicability to dispensing, acquiring, or obtaining a controlled sub- stance, and applicability to an expired number. 1978—Subsec. (a)(4). Pub. L. 95–633, § 202(b)(3), des- ignated existing provisions as subpar. (A) and added subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. L. 110–425, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub. L. 103–200, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–633 effective Nov. 10, 1978, except as otherwise provided, see section 203(a) of Pub. L. 95–633, set out as an Effective Date note under sec- tion 830 of this title. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. REPEALS Pub. L. 96–359, § 8(b), Sept. 26, 1980, 94 Stat. 1194, re- pealed section 203(d) of Pub. L. 95–633, which had pro- vided for the repeal of subsec. (a)(4)(B) of this section effective Jan. 1, 1981. § 844. Penalties for simple possession (a) Unlawful acts; penalties It shall be unlawful for any person knowingly or intentionally to possess a controlled sub- Page 853 TITLE 21—FOOD AND DRUGS § 844 stance unless such substance was obtained di- rectly, 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 sub- chapter II. It shall be unlawful for any person knowingly or intentionally to possess any list I chemical obtained pursuant to or under author- ity of a registration issued to that person under section 823 of this title or section 958 of this title if that registration has been revoked or sus- pended, if that registration has expired, or if the registrant has ceased to do business in the man- ner contemplated by his registration. It shall be unlawful for any person to knowingly or inten- tionally purchase at retail during a 30 day pe- riod more than 9 grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product, ex- cept 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 im- prisonment 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 convic- tion under this subchapter or subchapter II, or a prior conviction for any drug, narcotic, or chem- ical 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. Notwith- standing any penalty provided in this sub- section, any person convicted under this sub- section 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 sub- section shall not be suspended or deferred. Fur- ther, 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, ex- cept 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, nar- cotic, 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 sub- stance 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 II, § 201(a), Oct. 3, 1996, 110 Stat. 3101; Pub. L. 104–305, § 2(c), Oct. 13, 1996, 110 Stat. 3808; Pub. L. 109–177, title VII, § 711(e)(1), Mar. 9, 2006, 120 Stat. 262; Pub. L. 111–220, § 3, Aug. 3, 2010, 124 Stat. 2372.) Editorial Notes AMENDMENTS 2010—Subsec. (a). Pub. L. 111–220 struck out ‘‘Not- withstanding the preceding sentence, a person con- victed 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 convic- tion 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 posses- sion of such a mixture or substance under this sub- section 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 ex- ceeds 1 gram.’’ after ‘‘$5,000.’’ 2006—Subsec. (a). Pub. L. 109–177 inserted after second sentence ‘‘It shall be unlawful for any person to know- ingly 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 commer- cial carrier or the Postal Service.’’ 1996—Subsec. (a). Pub. L. 104–305 inserted ‘‘Notwith- standing any penalty provided in this subsection, any person convicted under this subsection for the posses- sion of flunitrazepam shall be imprisoned for not more than 3 years, shall be fined as otherwise provided in this section, or both.’’ after ‘‘mixture or substance ex- ceeds 1 gram.’’ Pub. L. 104–237, § 201(a)(1), inserted after first sentence ‘‘It shall be unlawful for any person knowingly or in- tentionally to possess any list I chemical obtained pur- suant to or under authority of a registration issued to that person under section 823 of this title or section 958 of this title 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 con- templated by his registration.’’ and substituted ‘‘drug, narcotic, or chemical’’ for ‘‘drug or narcotic’’ in two places. Subsec. (c). Pub. L. 104–237, § 201(a)(2), substituted ‘‘drug, narcotic, or chemical’’ for ‘‘drug or narcotic’’. 1990—Subsec. (a). Pub. L. 101–647, § 1907, inserted sub- sec. (a) designation. Pub. L. 101–647, § 1201, substituted ‘‘shall be impris- oned not less than 5 years and not more than 20 years, and fined a minimum of $1,000’’ for ‘‘shall be fined under title 18 or imprisoned not less than 5 years and not more than 20 years, or both’’. 1988—Subsec. (a). Pub. L. 100–690, § 6480(1)(A)–(C), struck out ‘‘but not more than $5,000’’ after ‘‘$1,000’’, ‘‘but not more than $10,000’’ after ‘‘$2,500’’, and ‘‘but not more than $25,000’’ after ‘‘$5,000’’ in second sentence. Pub. L. 100–690, § 6371, inserted provisions relating to increased penalties in cases of certain serious crack possession offenses, making offenders subject to fines under title 18 or imprisonment to terms not less than 5 years nor more than 20 years, or both. 1986—Subsec. (a). Pub. L. 99–570 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- Page 854 TITLE 21—FOOD AND DRUGS § 844 lows: ‘‘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 ex- cept as otherwise authorized by this subchapter or sub- chapter II of this chapter. Any person who violates this subsection shall be sentenced to a term of imprison- ment of not more than one year, a fine of not more than $5,000, or both, except that if he commits such of- fense after a prior conviction or convictions under this subsection have become final, he shall be sentenced to a term of imprisonment of not more than 2 years, a fine of not more than $10,000 or both.’’ Subsec. (b). Pub. L. 99–570, in amending subsec. (b) generally, substituted ‘‘Upon the discharge of such per- son and dismissal of the proceedings’’ for ‘‘Upon the dismissal of such person and discharge of the pro- ceedings’’ in par. (2). Subsec. (c). Pub. L. 99–570, in amending section gen- erally, added subsec. (c). 1984—Pub. L. 98–473 struck out subsec. (a) designation and struck out subsec. (b) which related to probation before judgment and expunging of records for first of- fense. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–177, title VII, § 711(e)(2), Mar. 9, 2006, 120 Stat. 262, provided that: ‘‘The amendment made by paragraph (1) [amending this section] applies on and after the expiration of the 30-day period beginning on the date of the enactment of this Act [Mar. 9, 2006].’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Pro- cedure. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. Executive Documents PROC. NO. 10467. GRANTING PARDON FOR THE OFFENSE OF SIMPLE POSSESSION OF MARIJUANA Proc. No. 10467, Oct. 6, 2022, 87 F.R. 61441, provided: Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to (1) all current United States citizens and lawful permanent residents who committed the offense of simple possession of mari- juana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in vio- lation of D.C. Code 48–904.01(d)(1), on or before the date of this proclamation [Oct. 6, 2022], regardless of wheth- er they have been charged with or prosecuted for this offense on or before the date of this proclamation; and (2) all current United States citizens and lawful perma- nent residents who have been convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1); which pardon shall restore to them full political, civil, and other rights. My intent by this proclamation is to pardon only the offense of simple possession of marijuana in violation of Federal law or in violation of D.C. Code 48–904.01(d)(1), and not any other offenses related to marijuana or other controlled substances. No language herein shall be construed to pardon any person for any other offense, including possession of other controlled substances, whether committed prior, subsequent, or contemporaneous to the pardoned offense of simple pos- session of marijuana. This pardon does not apply to in- dividuals who were non-citizens not lawfully present in the United States at the time of their offense. Pursuant to this proclamation, the Attorney General, acting through the Pardon Attorney, shall administer and effectuate the issuance of certificates of pardon to eligible applicants who have been charged or convicted for the offense of simple possession of marijuana in vio- lation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified else- where in the United States Code, or in violation of D.C. Code 48–904.01(d)(1). The Attorney General, acting through the Pardon Attorney, is directed to develop and announce application procedures for certificates of pardon and to begin accepting applications in accord- ance with such procedures as soon as reasonably prac- ticable. The Attorney General, acting through the Par- don Attorney, shall review all properly submitted ap- plications and shall issue certificates of pardon to eligi- ble applicants in due course. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of October, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-seventh. J.R. BIDEN, JR. PROC. NO. 10688. GRANTING PARDON FOR THE OFFENSE OF SIMPLE POSSESSION OF MARIJUANA, ATTEMPTED SIM- PLE POSSESSION OF MARIJUANA, OR USE OF MARIJUANA Proc. No. 10688, Dec. 22, 2023, 88 F.R. 90083, provided: In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Mari- juana) [set out above], I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act [21 U.S.C. 801 et seq.] and section 48–904.01(d)(1) of the Code of the District of Columbia (D.C. Code). As I have said before, convictions for simple possession of marijuana have imposed needless barriers to employ- ment, housing, and educational opportunities. Through this proclamation, consistent with the grant of Procla- mation 10467, I am pardoning additional individuals who may continue to experience the unnecessary col- lateral consequences of a conviction for simple posses- sion of marijuana, attempted simple possession of marijuana, or use of marijuana. Therefore, acting pur- suant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and uncon- ditional pardon to all current United States citizens and lawful permanent residents who, on or before the date of this proclamation [Dec. 22, 2023], committed or were convicted of the offense of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation, in violation of: (1) section 844 of title 21, United States Code, section 846 of title 21, United States Code, and previous provi- sions in the United States Code that prohibited simple possession of marijuana or attempted simple possession of marijuana; (2) section 48–904.01(d)(1) of the D.C. Code and pre- vious provisions in the D.C. Code that prohibited sim- ple possession of marijuana; (3) section 48–904.09 of the D.C. Code and previous pro- visions in the D.C. Code that prohibited attempted sim- ple possession of marijuana; and (4) provisions in the Code of Federal Regulations, in- cluding as enforced under the United States Code, that prohibit only the simple possession or use of marijuana Page 855 TITLE 21—FOOD AND DRUGS § 844a 1 So in original. Probably should be ‘‘section’’. on Federal properties or installations, or in other locales, as currently or previously codified, including but not limited to 25 C.F.R. 11.452(a); 32 C.F.R. 1903.12(b)(2); 36 C.F.R. 2.35(b)(2); 36 C.F.R. 1002.35(b)(2); 36 C.F.R. 1280.16(a)(1); 36 C.F.R. 702.6(b); 41 C.F.R. 102–74.400(a); 43 C.F.R. 8365.1–4(b)(2); and 50 C.F.R. 27.82(b)(2). My intent by this proclamation is to pardon only the offenses of simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana in violation of the Federal and D.C. laws set forth in para- graphs (1) through (3) of this proclamation, as well as the provisions in the Code of Federal Regulations con- sistent with paragraph (4) of this proclamation, and not any other offenses involving other controlled sub- stances or activity beyond simple possession of mari- juana, attempted simple possession of marijuana, or use of marijuana, such as possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana. This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense. Pursuant to the procedures in Proclamation 10467, the Attorney General, acting through the Pardon At- torney, shall review all properly submitted applica- tions for certificates of pardon and shall issue such cer- tificates of pardon to eligible applicants in due course. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand twenty-three, and of the Independence of the United States of America the two hundred and forty-eighth. J.R. BIDEN, JR. § 844a. Civil penalty for possession of small amounts of certain controlled substances (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 844 of this title in an amount that, as specified by regulation of the Attorney General, is a per- sonal 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 sec- tion or to prosecute the individual criminally. However, in determining the amount of a pen- alty under this section, the income and net as- sets of an individual shall be considered. (c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was con- victed 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 indi- vidual under this section on more than two sepa- rate occasions. (e) Assessment A civil penalty under this section may be as- sessed by the Attorney General only by an order made on the record after opportunity for a hear- ing 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 oppor- tunity 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 pe- riod beginning on the date such notice is issued. (f) Compromise The Attorney General may compromise, mod- ify, or remit, with or without conditions, any civil penalty imposed under this section. (g) Judicial review If the Attorney General issues an order pursu- ant to subsection (e) after a hearing described in such subsection, the individual who is the sub- ject 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 appro- priate district court of the United States. In such action, the law and the facts of the viola- tion 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 reason- able doubt. (h) Civil action If an individual does not request a hearing pursuant to subsection (e) and the Attorney General issues an order pursuant to such sub- section, or if an individual does not under sub- section (g) seek judicial review of such an order, the Attorney General may commence a civil ac- tion in any appropriate district court of the United States for the purpose of recovering the amount assessed and an amount representing in- terest at a rate computed in accordance with section 1961 of title 28. Such interest shall ac- crue from the expiration of the 30-day period de- scribed in subsection (g). 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 re- view. (i) Limitation The Attorney General may not under this sub- section 1 commence proceeding against an indi- vidual after the expiration of the 5-year period beginning on the date on which the individual allegedly violated subsection (a). (j) Expungement procedures The Attorney General shall dismiss the pro- ceedings under this section against an indi- vidual upon application of such individual at any time after the expiration of 3 years if— (1) the individual has not previously been as- sessed a civil penalty under this section; (2) the individual has paid the assessment; (3) the individual has complied with any con- ditions imposed by the Attorney General; (4) the individual has not been convicted of a Federal or State offense relating to a con- trolled 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