89 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 404
(2) Any action under this subsection may be brought in the dis- trict court of the United States for the district in which the defend- ant is located or resides or is doing business.
(3) Any order or judgment issued by the court pursuant to this subsection shall be tailored to restrain violations of this section or section 402.
(4) The court shall proceed as soon as practicable to the hear- ing and determination of such an action. An action under this sub- section is governed by the Federal Rules of Civil Procedure except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.
PENALTY FOR SIMPLE POSSESSION
SEC. 404. ΓΈ21 U.S.C. 844¿ (a) It shall be unlawful for any per- son knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this title or title III. 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issued to that person under section 303 of this title or section 1008 of title III if that registra- tion has been revoked or suspended, if that registration has ex- pired, or if the registrant has ceased to do business in the manner contemplated by his registration. It shall be unlawful for any per- son 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, except that, of such 9 grams, not more than 7.5 grams may be imported by means of shipping through any private or com- mercial carrier or the Postal Service. Any person who violates this subsection shall be sentenced to a term of imprisonment of not more than 1 year, and be fined a minimum of $1,000, or both, ex- cept that if he commits such offense after a prior conviction under this title or title III, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has be- come 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 of- fense after two or more prior convictions under this title or title III, 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. Notwith- standing any penalty provided in this subsection, any person con- victed 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 exe- cution of a minimum sentence required to be imposed under this subsection shall not be suspended or deferred. Further, upon con- viction, a person who violates this subsection shall be fined the rea- sonable costs of the investigation and prosecution of the offense, in-
January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017
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