Sec. 405 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 90
cluding the costs of prosecution of an offense as defined in sections 1918 and 1920 of title 28, United States Code, except that this sen- tence shall not apply and a fine under this section need not be im- posed if the court determines under the provision of title 18 that the defendant lacks the ability to pay.
(c)38 As used in this section, the term ‘‘drug, narcotic, or chem- ical offense’’ means any offense which proscribes the possession, distribution, manufacture, cultivation, sale, transfer, or the at- tempt or conspiracy to possess, distribute, manufacture, cultivate, sell or transfer any substance the possession of which is prohibited under this title.
SEC. 405. ΓΈ21 U.S.C. 844a¿ CIVIL PENALTY FOR POSSESSION OF SMALL AMOUNTS OF CERTAIN CONTROLLED SUBSTANCES.
(a) IN GENERAL.—Any individual who knowingly possesses a controlled substance that is listed in section 401(b)(1)(A) in viola- tion of section 404 in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.
(b) INCOME AND NET ASSETS.—The income and net assets of an individual shall not be relevant to the determination whether to as- sess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.
(c) PRIOR CONVICTION.—A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.
(d) LIMITATION ON NUMBER OF ASSESSMENTS.—A civil penalty may not be assessed on an individual under this section on more than two separate occasions.
(e) ASSESSMENT.—A civil penalty under this section may be as- sessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5, United States Code. The Attorney General shall pro- vide written notice to the individual who is the subject of the pro- posed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.
(f) COMPROMISE.—The Attorney General may compromise, modify, or remit, with or without conditions, any civil penalty im- posed under this section.
(g) JUDICIAL REVIEW.—If the Attorney General issues an order pursuant to subsection (e) after a hearing described in such sub- section, the individual who is the subject of the order may, before the expiration of the 30-day period beginning on the date the order is issued, bring a civil action in the appropriate district court of the United States. In such action, the law and the facts of the violation and the assessment of the civil penalty shall be determined de
38 So in law. Section 404 does not contain a subsection (b). See sections 219 and 235 of Public Law 98–473 (98 Stat. 2027, 2031) and section 1052 of Public Law 99–570 (100 Stat. 3207–8).
January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017
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