21 U.S.C. § 844 : US Code - Section 844: Penalties for simple possession

Search 21 U.S.C. § 844 : US Code - Section 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    if that registration has been revoked or suspended, if that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. 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 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 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.