U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— CONTROL AND ENFORCEMENT › Part Part D— Offenses and Penalties

21 U.S.C. § 844a

Civil penalty for possession of small amounts of certain controlled substances

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(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) 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) and the Attorney General issues an order pursuant to such subsection, or if an individual does not under subsection (g) 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). 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 11 So in original. Probably should be “section”. 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).

(j) Expungement proceduresThe 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, § 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 NotesPrior 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”.

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1994–2022 · leading case: Atwater v. City of Lago Vista
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Atwater v. City of Lago Vista (2001) scotus · cites it 2× “132, 154 (1925) (first offense of smuggling liquor subject to maximum fine of $500; subsequent offense punishable by 90 days' imprisonment); 21 U. S. C. §§ 844a(a), (c) (first offense for possession of "personal use amount" of controlled substance subject to maximum $10,000…”
United States v. Lucido (2010) ca6 · cites it 2× “§ 3607 (c); see also 21 U.S.C. § 844a(j). Another authorizes the same to correct inaccurate government records.”
Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization Service (1994) ca9 · cites it 2× “5, the requisite expression of congressional intent can be found in 21 U.S.C. § 844a. Section 844a provides for the imposition of a civil penalty for simple possession if the offender previously has not been convicted of an offense relating to a controlled substance.”
United States v. Clarence Trotter (2001) ca7 “Possession of personal-use quantities is a civil offense punishable by a fine, 21 U.S.C. § 844a, but this dispensation is not available to persons with a drug conviction, see § 844a(c).”
People Ex Rel. Lungren v. Peron (1997) calctapp · cites it 2× “[7] Without putting too fine a point on it, the criminalization of sales by section 11360(a) has not seemed to have grossly stemmed the tide of marijuana availability in this state, judging from the records we review.”
Chateau Foghorn LP v. Hosford (2017) md “See 21 U.S.C. § 844a (providing for civil penalties for possession of certain controlled substances in quantities indicating the substances were for personal use only).”
County of San Diego v. San Diego NORML (2008) calctapp “(21 U.S.C. § 844a(a).) The legislative intent of Congress to preclude the use of marijuana for medicinal purposes is reflected in the statutory scheme of the CSA: 3 “By classifying marijuana as a Schedule I drug, as opposed to listing it on a lesser schedule, the manufacture,…”
United States v. Coloian (2007) ca1 “§ 3607 (c) (allowing for expungement of criminal records in certain drug possession cases); 21 U.S.C. § 844a(j) (allowing for expungement of civil penalty records in certain drug possession cases); 42 U.”
City of Garden Grove v. Superior Court (2007) calctapp “§ 844 (a)), and possession for “personal use” renders the offender “liable to the United States for a civil penalty in an amount not to exceed $10,000” (21 U.S.C. § 844a(a)). For purposes of this proceeding, Kha does not dispute he was in violation of federal law by possessing…”
Nunez-Reyes v. Holder (2011) ca9 · cites it 2× “" 21 U.S.C. § 844a. Thus, Nunez-Reyes would have qualified for FFOA treatment had he been fortunate enough to have been caught by federal agents rather than by state officers.”
United States v. Holm (2014) ca8 “Holm’s possession of a user amount of methamphetamine was not a federal felony offense, see 21 U.S.C. § 844a(a), so this issue turns on state law.”
United States v. One 1990 Ford Ranger Truck (1995) gand · cites it 2× “In federal court, Howze could have received a civil penalty of up to $10,000, pursuant to 21 U.S.C. § 844a, for possessing a “personal use amount” of a controlled substance; ergo, the government contends that the forfeiture of a $7,500 vehicle used to facilitate that possession…”
Show all 20 citing cases →
— 21 U.S.C. § 844a(a) — 6 cases
Atwater v. City of Lago Vista (2001) scotus “132, 154 (1925) (first offense of smuggling liquor subject to maximum fine of $500; subsequent offense punishable by 90 days' imprisonment); 21 U. S. C. §§ 844a(a), (c) (first offense for possession of "personal use amount" of controlled substance subject to maximum $10,000…”
County of San Diego v. San Diego NORML (2008) calctapp “(21 U.S.C. § 844a(a).) The legislative intent of Congress to preclude the use of marijuana for medicinal purposes is reflected in the statutory scheme of the CSA: 3 “By classifying marijuana as a Schedule I drug, as opposed to listing it on a lesser schedule, the manufacture,…”
City of Garden Grove v. Superior Court (2007) calctapp “§ 844 (a)), and possession for “personal use” renders the offender “liable to the United States for a civil penalty in an amount not to exceed $10,000” (21 U.S.C. § 844a(a)). For purposes of this proceeding, Kha does not dispute he was in violation of federal law by possessing…”
United States v. Holm (2014) ca8 “Holm’s possession of a user amount of methamphetamine was not a federal felony offense, see 21 U.S.C. § 844a(a), so this issue turns on state law.”
Giger v. United States Citizenship and Immigration Services (2022) cod
— 21 U.S.C. § 844a(g) — 1 case
United States v. One 1990 Ford Ranger Truck (1995) gand “In federal court, Howze could have received a civil penalty of up to $10,000, pursuant to 21 U.S.C. § 844a, for possessing a “personal use amount” of a controlled substance; ergo, the government contends that the forfeiture of a $7,500 vehicle used to facilitate that possession…”
— 21 U.S.C. § 844a(j) — 6 cases
United States v. Lucido (2010) ca6 “§ 3607 (c); see also 21 U.S.C. § 844a(j). Another authorizes the same to correct inaccurate government records.”
Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization Service (1994) ca9 “5, the requisite expression of congressional intent can be found in 21 U.S.C. § 844a. Section 844a provides for the imposition of a civil penalty for simple possession if the offender previously has not been convicted of an offense relating to a controlled substance.”
United States v. Coloian (2007) ca1 “§ 3607 (c) (allowing for expungement of criminal records in certain drug possession cases); 21 U.S.C. § 844a(j) (allowing for expungement of civil penalty records in certain drug possession cases); 42 U.”
Sealed v. Sealed (1997) ca5
United States v. Cosme-Rovera (2008) prd
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