The law › Title 21, Food and Drugs › Chapter 13
21 U.S.C. 844: Penalties for simple possession
Created in 1970 by Public Law 91-513. Changed by 8 later laws. No bill we track in this Congress changes it.
5 other sections of the Code cite this one, including 18 U.S.C. 3607, 21 U.S.C. 841, 21 U.S.C. 844a, 21 U.S.C. 885, 34 U.S.C. 12522.
1 part of federal rules cite it as their authority, written by United States Postal Service (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2010
- Pub. L. 111–220 struck out "Notwithstanding the preceding sentence, a person convicted under this subsection for the possession of a mixture or substance which contains cocaine base shall be imprisoned not less than 5 years and not more than 20 years, and fined a minimum of $1,000, if … (Fair Sentencing Act of 2010) Law text · (a)
2006
- Pub. L. 109–177 inserted after second sentence "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, exc… (USA PATRIOT Improvement and Reauthorization Act of 2005) Law text · (a)
1996
- 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 "mixtur… (Drug-Induced Rape Prevention and Punishment Act of 1996) Law text · (a)
- Pub. L. 104–237, §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 t… (Comprehensive Methamphetamine Control Act of 1996) Law text · (a)
- Pub. L. 104–237, §201(a)(2), substituted "drug, narcotic, or chemical" for "drug or narcotic". (Comprehensive Methamphetamine Control Act of 1996) Law text · (c)
1990
- Pub. L. 101–647, §1907, inserted subsec. (a) designation. · (a)
- Pub. L. 101–647, §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". · (a)
1988
- Pub. L. 100–690, §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. · (a)
- Pub. L. 100–690, §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. · (a)
1986
- 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, fr… · (a)
- 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). · (b)
- Pub. L. 99–570, in amending section generally, added subsec. (c). · (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.
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.