
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: 21USC844a]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 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 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. 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 proposed order. The hearing may be 
held only if the individual makes a request for the hearing before the 
expiration of the 30-day period beginning on the date such notice is 
issued.

(f) Compromise

    The Attorney General may compromise, modify, or remit, with or 
without conditions, any civil penalty imposed under this section.

(g) Judicial review

    If the Attorney General issues an order pursuant to subsection (e) 
of this section after a hearing described in such subsection, the 
individual who is the subject 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 appropriate district court of the United States. In 
such action, the law and the facts of the violation 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 
reasonable doubt.

(h) Civil action

    If an individual does not request a hearing pursuant to subsection 
(e) of this section and the Attorney General issues an order pursuant to 
such subsection, or if an individual does not under subsection (g) of 
this section seek judicial review of such an order, the Attorney General 
may commence a civil action in any appropriate district court of the 
United States for the purpose of recovering the amount assessed and an 
amount representing interest at a rate computed in accordance with 
section 1961 of title 28. Such interest shall accrue from the expiration 
of the 30-day period described in subsection (g) of this section. 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 review.

(i) Limitation

    The Attorney General may not under this subsection \1\ commence 
proceeding against an individual after the expiration of the 5-year 
period beginning on the date on which the individual allegedly violated 
subsection (a) of this section.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``section''.
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(j) Expungement procedures

    The Attorney General shall dismiss the proceedings under this 
section against an individual upon application of such individual at any 
time after the expiration of 3 years if--
        (1) the individual has not previously been assessed a civil 
    penalty under this section;
        (2) the individual has paid the assessment;
        (3) the individual has complied with any conditions imposed by 
    the Attorney General;
        (4) the individual has not been convicted of a Federal or State 
    offense relating to a controlled 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 of Justice solely for the purpose of 
determining in any subsequent proceeding whether the person 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, Sec. 405, formerly Pub. L. 100-690, title VI, 
Sec. 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered Sec. 405 of Pub. L. 
91-513, and amended Pub. L. 101-647, title X, Sec. 1002(g)(1), (2), Nov. 
29, 1990, 104 Stat. 4828.)


                            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, Sec. 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, Sec. 1002(g)(2)(B), (C), 
struck out ``as defined in section 802 of this title'' after 
``controlled substance''.
