21 U.S.C. § 844a — Civil penalty for possession of small

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 Page 856 TITLE 21—FOOD AND DRUGS §§ 845 to 845b of Justice solely for the purpose of determining in any subsequent proceeding whether the per- son 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, § 405, formerly Pub. L. 100–690, title VI, § 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered § 405 of Pub. L. 91–513, and amended Pub. L. 101–647, title X, § 1002(g)(1), (2), Nov. 29, 1990, 104 Stat. 4828.) Editorial Notes PRIOR PROVISIONS A prior section 405 of Pub. L. 91–513 was renumbered section 418 and is classified to section 859 of this title. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–647, § 1002(g)(2)(A), made technical amendments to references to sections 841(b)(1)(A) and 844 of this title to correct references to corresponding provisions of original act. Subsecs. (c), (j)(4). Pub. L. 101–647, § 1002(g)(2)(B), (C), struck out ‘‘as defined in section 802 of this title’’ after ‘‘controlled substance’’. §§ 845 to 845b. Transferred Editorial Notes CODIFICATION Section 845, Pub. L. 91–513, title II, § 405, Oct. 27, 1970, 84 Stat. 1265, as amended, which related to distribution of controlled substances to persons under age twenty- one, was renumbered § 418 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 859 of this title. Section 845a, Pub. L. 91–513, title II, § 405A, as added Pub. L. 98–473, title II, § 503(a), Oct. 12, 1984, 98 Stat. 2069, and amended, which related to distribution or manufacturing of controlled substances in or near schools and colleges, was renumbered § 419 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 860 of this title. Section 845b, Pub. L. 91–513, title II, § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10, and amended, which related to employment or use of persons under 18 years of age in drug operations, was renumbered § 420 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(c), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 861 of this title. § 846. Attempt and conspiracy Any person who attempts or conspires to com- mit any offense defined in this subchapter shall be subject to the same penalties as those pre- scribed for the offense, the commission of which was the object of the attempt or conspiracy. (Pub. L. 91–513, title II, § 406, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 100–690, title VI, § 6470(a), Nov. 18, 1988, 102 Stat. 4377.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 substituted ‘‘shall be subject to the same penalties as those prescribed for the offense’’ for ‘‘is punishable by imprisonment or fine or both which may not exceed the maximum punishment pre- scribed for the offense’’. Statutory Notes and Related Subsidiaries 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. § 847. Additional penalties Any penalty imposed for violation of this sub- chapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanc- tion authorized by law. (Pub. L. 91–513, title II, § 407, Oct. 27, 1970, 84 Stat. 1265.) Statutory Notes and Related Subsidiaries 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. § 848. Continuing criminal enterprise (a) Penalties; forfeitures Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprison- ment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an indi- vidual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any per- son engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprison- ment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the de- fendant is an individual or $10,000,000 if the de- fendant is other than an individual, and to the forfeiture prescribed in section 853 of this title. (b) Life imprisonment for engaging in continuing criminal enterprise Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if— (1) such person is the principal adminis- trator, organizer, or leader of the enterprise or is one of several such principal administra- tors, organizers, or leaders; and (2)(A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or (B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, orga- nizers, or leaders, received $10 million dollars in gross receipts during any twelve-month pe- riod of its existence for the manufacture, im-