The Attorney General may compromise, modify, or remit, with or without conditions, any civil penalty imposed under this section. 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. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. (e) AssessmentĪ civil penalty under this section may be assessed 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. (d) Limitation on number of assessmentsĪ civil penalty may not be assessed on an individual under this section on more than two separate occasions. (c) Prior convictionĪ 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. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered. The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. Civil penalty for possession of small amounts of certain controlled substances (a) In generalĪny individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title 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. Jump To: Source Credit Miscellaneous Prior Provisions Amendments §844a.
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