21 U.S.C. Sec. 844 Simple Possession — Elements is a federal law that outlines the legal elements that must be met to prosecute someone for simple possession of a controlled substance. The law states that in order to prove simple possession, the prosecution must prove that the accused knowingly or intentionally possessed a controlled substance, without a valid prescription. The types of simple possession elements include knowing possession, intentional possession, and possession of a controlled substance without a valid prescription.
21 U.S.C. Sec. 844 SIMPLE POSSESSION - ELEMENTS
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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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 $1,000, or both, except that if he commits such offense after a prior conviction under this subchapter or subchapter II, or a prior conviction for any drug, narcotic, or chemical
(21 U.S.C. § 844) What Is Simple Possession? In Southern California Federal Courts, the United States Central District of California, prosecutors will often charge defendants with violations of 21 U.S.C. § 844, commonly referred to as simple possession of controlled substances.
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).
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
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
21 USC § 844 (Simple Possession) Can become felony with higher penalties if prior drug convictions.
Such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in ance with the