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to a valid prescription or order, from asection 823 of this title or section 958 of this title if that registration has been revoked or suspended, if that registration has expired, or if the registrant has ceased to do business in the manner contemplated by his registration. It shall be unlawful for any person to knowingly or intentionally purchase drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500, except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000. 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. The imposition or execution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred. Further, upon conviction, a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense, including the costs of prosecution of an offense as defined in sections 1918 and 1920 of title 28, except that this sentence shall not apply and a fine under this section need not be imposed if the court determines under the provision of title 18 that the defendant lacks the ability to pay.
(b) Repealed. Pub. L. 98–473, title II, § 219(a), Oct. 12, 1984 , 98 Stat. 2027 (c) “Drug, narcotic, or chemical offense” definedAs used in this section, the term “drug, narcotic, or chemical offense” means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited under this subchapter.
Editorial Notes Amendments2010—Subsec. (a). 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 the conviction is a first conviction under this subsection and the amount of the mixture or substance exceeds 5 grams, if the conviction is after a prior conviction for the possession of such a mixture or substance under this subsection becomes final and the amount of the mixture or substance exceeds 3 grams, or if the conviction is after 2 or more prior convictions for the possession of such a mixture or substance under this subsection become final and the amount of the mixture or substance exceeds 1 gram.” after “$5,000.”
2006—Subsec. (a). Pub. L. 109–177 inserted after second sentence “It shall be unlawful for any person to knowingly or intentionally purchasePub. 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, § 201(a)(1), inserted after first sentence “It shall be unlawful for any person knowingly or intentionally to possess anysection 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 Pub. L. 104–237, § 201(a)(2), substituted Pub. L. 101–647, § 1907, inserted subsec. (a) designation.
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”.
1988—Subsec. (a). 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.
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.
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 aPub. 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.
Statutory Notes and Related Subsidiaries Effective Date of 2006 Amendment“The amendment made by paragraph (1) [amending this section] applies on and after the expiration of the 30-day period beginning on the date of the enactment of this Act [ Mar. 9, 2006 ].”
Effective Date of 1984 AmendmentAmendment 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.
Effective DateSection effective on first day of seventh calendar month that begins after Oct. 26, 1970 , see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.
Executive Documents Proc. No. 10467. Granting Pardon for the Offense of Simple Possession of MarijuanaProc. No. 10467, Oct. 6, 2022 , 87 F.R. 61441, provided:
Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in theOct. 6, 2022 ], regardless of whether they have been charged with or prosecuted for this offense on or before the date of this proclamation; and (2) all currentControlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in theControlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the