Does section 844(a) of the Federal Drug Control Act, which prohibits the possession of small amounts of drugs, make drug possession a crime?
MultiRegion, United States of America
The following excerpt is from U.S. v. Butler, 74 F.3d 916 (9th Cir. 1996):
[S]ection 844(a) does not attempt to divorce the prohibited act of drug possession from the drug quantities possessed. The statute contains no separate penalty section, but rather interweaves both definitional and penalty provisions throughout. Presented with this schema, we conclude that the statute makes drug quantity an integral part of the crime definition.
United States v. Puryear, 940 F.2d 602, 603-04 (10th Cir.1991).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
How has the US Supreme Court considered the constitutionality of a section of federal legislation that criminalizes the possession of a gun in furtherance of a drug crime? (MultiRegion, United States of America)
What is the impact of section 3553(a)(2)(C) and section 3582(c)(1)(A)(ii) of the Federal Drug Code on the public safety of a convicted drug dealer? (MultiRegion, United States of America)
In a conspiracy to distribute drugs, does the total amount of drugs involved exceed the amount alleged in the indictment? (MultiRegion, United States of America)
What are the elements of the federal crime of attempted possession with intent to distribute and the state-defined crime of purchasing cocaine base for purposes of sale? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
Is there a nexus between a drug dealer and federal drug trafficking crime? (MultiRegion, United States of America)
What is the legal test for possession of a small amount of marijuana under the International Narcotics Control Act? (MultiRegion, United States of America)
What is the test for violating 18 U.S.C. 924(c)(1)(A) of the Drug Trafficking Act by possessing a firearm in furtherance of a drug trafficking crime? (MultiRegion, United States of America)
