United States · Amendment · HAMDT

HAMDT 879 (100th)

An amendment to establish a civil penalty of up to $10,000 per violation for possession of small "personal use" amounts (to be determined by Justice Department regulation) of marijuana, cocaine, and other controlled substances. Such penalties would be assessed by the Justice Department, which would be required to take into account an individual's income and net assets in determining the amount of the penalty in each case. The amendment gives persons against whom a penalty is proposed the opportunity for an administrative hearing and authorizes the Department to compromise, modify, or remit any penalty with or without conditions. Finally, the amendment permits persons against whom a penalty is ordered to appeal the penalty to a federal court in the same manner that other adminsistrative orders can be appealed and prohibits the Justice Department from initiating a civil penalty proceeding more than five years after an alleged violation.