Notes on 21 U.S.C. § 844 : US Code - Notes

Search Notes on 21 U.S.C. § 844 : US Code - Notes

(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title or section 958 of this title if that registration has been
revoked or suspended, if that registration has expired, or if the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.