21 U.S.C. § 883
Enforcement proceedings
Before any violation of this subchapter is reported by the Administrator of the Drug Enforcement Administration to any United States attorney for institution of a criminal proceeding, the Administrator may require that the person against whom such proceeding is contemplated is given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding.
Notes of Decisions
Cited in 5
cases, 1976–2016 · leading case: United States v. Akinyoyenu
United States v. Akinyoyenu (2016)
“See 21 U.S.C. § 883 . In those cases, DEA’s notice to a physician or pharmacist is a warning shot that can induce compliance.”
United States v. Darrell Daniel Goldfine, United States of America v. Solomon Walter Goldfine (1976)
“The DEA may give the regulated party “an opportunity to present his views,” id.”
United States v. Gomez (1999)
“Gomez points to 21 U.S.C. § 883 , which instructs the DEA to give notice to the possessor of seized contraband and an opportunity for a hearing prior to reporting the criminal violation to a United States Attorney.”
United States v. 44133 Duchess Drive, Canton, Wayne County, Mich. (1994)
“The Sixth Circuit stated that the Eleventh Circuit had determined in the above-cited decision that under Florida law: the interest of the innocent spouse in entireties property was not subject to forfeiture by reason of the criminal activity of her husband, and that federal law…”
United States v. Webb (2007)
“§ 535 limits the federal investigatory power to offenses by federal employees, and that 21 U.S.C. § 883 requires an administrative hearing before referral of a drug offense for prosecution, are based on misreadings of the plain language of those statutes, both of which use the…”
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