Maine 4.21.844 Possession of a Controlled Substance, 21 U.S.C. Sec. 844

State:
Maine
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ME-FEDDC-JURY-4-21-844
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Official Pattern Jury Instructions for Criminal Cases in Federal District Court of Maine. All converted to Word format. Please see the official site for addional information. http://www.med.uscourts.gov/pattern-jury-instructions

Maine 4.21.844 Possession of a Controlled Substance, 21 U.S.C. Sec. 844 is a state law that criminalizes the possession of controlled substances, including illegal drugs such as marijuana, cocaine, heroin, methamphetamine, or prescription drugs without a valid prescription. There are two types of Maine 4.21.844 Possession of a Controlled Substance, 21 U.S.C. Sec. 844: a Class D misdemeanor and a Class C felony. A Class D misdemeanor is punishable by up to 364 days in jail and a fine of up to $2,000. A Class C felony carries a possible sentence of up to five years in prison and a fine of up to $5,000. It is important to note that a person can be charged with both a Class D misdemeanor and a Class C felony if they are found to possess multiple controlled substances.

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FAQ

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 a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter

Section 841(a) prohibits the knowing or intentional manufacture, distribution, dispensation, or possession with intent to manufacture, distribute or dispense a controlled substance. 3 Section 960(a) prohibits the knowing and intentional importation or exportation of a controlled substance.

21 USC § 844 (Simple Possession) Can become felony with higher penalties if prior drug convictions.

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 a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter

To create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of ,000, or both, except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic,

The control applies to the way the substance is made, used, handled, stored, and distributed. Controlled substances include opioids, stimulants, depressants, hallucinogens, and anabolic steroids.

Section 404 of the CSA provides that it is ?unlawful for any person knowingly or intentionally to possess a controlled substance . . . .? 21 U.S.C. § 844(a).

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Maine 4.21.844 Possession of a Controlled Substance, 21 U.S.C. Sec. 844