21 USC 844a - Civil penalty for possession of small amounts of certain controlled substances

U.S Code last checked for updates: Nov 22, 2024

§ 844a.

Civil penalty for possession of small amounts of certain controlled substances

(a)

In general

(b)

Income and net assets

(c)

Prior conviction

(d)

Limitation on number of assessments

(e)

Assessment

(f)

Compromise

(g)

Judicial review

(h)

Civil action

(i)

Limitation

(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, § 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.)

cite as: 21 USC 844a