
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC844]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 844. Penalties for simple possession


(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 of 
this chapter. 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 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been revoked or suspended, if that registration has expired, or if the 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 contemplated by his 
registration. 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 of this 
chapter, 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 of this chapter, 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 the preceding 
sentence, a person convicted 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 conviction 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 possession of such a 
mixture or substance under this subsection 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 exceeds 1 gram. 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, Sec. 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.

(Pub. L. 91-513, title II, Sec. 404, Oct. 27, 1970, 84 Stat. 1264; Pub. 
L. 98-473, title II, Sec. 219, Oct. 12, 1984, 98 Stat. 2027; Pub. L. 99-
570, title I, Sec. 1052, Oct. 27, 1986, 100 Stat. 3207-8; Pub. L. 100-
690, title VI, Secs. 6371, 6480, Nov. 18, 1988, 102 Stat. 4370, 4382; 
Pub. L. 101-647, title XII, Sec. 1201, title XIX, Sec. 1907, Nov. 29, 
1990, 104 Stat. 4829, 4854; Pub. L. 104-237, title II, Sec. 201(a), Oct. 
3, 1996, 110 Stat. 3101; Pub. L. 104-305, Sec. 2(c), Oct. 13, 1996, 110 
Stat. 3808.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-305 inserted ``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.'' after ``mixture or substance exceeds 1 gram.''
    Pub. L. 104-237, Sec. 201(a)(1), inserted after first sentence ``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 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 contemplated by his registration.'' 
and substituted ``drug, narcotic, or chemical'' for ``drug or narcotic'' 
in two places.
    Subsec. (c). Pub. L. 104-237, Sec. 201(a)(2), substituted ``drug, 
narcotic, or chemical'' for ``drug or narcotic''.
    1990--Subsec. (a). Pub. L. 101-647, Sec. 1907, inserted subsec. (a) 
designation.
    Pub. L. 101-647, Sec. 1201, substituted ``shall be imprisoned 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, Sec. 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, Sec. 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 follows: ``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 of this chapter. Any person who 
violates this subsection shall be sentenced to a term of imprisonment of 
not more than one year, a fine of not more than $5,000, or both, except 
that if he commits such offense 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 person and dismissal of the 
proceedings'' for ``Upon the dismissal of such person and discharge of 
the proceedings'' in par. (2).
    Subsec. (c). Pub. L. 99-570, in amending section generally, 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 offense.


                    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 Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 841, 844a, 885 of this 
title; title 18 sections 3553, 3607; title 42 section 14052.
