[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.2]

[Page 316-317]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.2  Definitions.

    (a) Act means the Anti-Drug Abuse Act of 1988, Public Law 100-690.
    (b) Adjudicatory proceeding means a judicial-type proceeding leading 
to the formulation of a final order.
    (c) Administrative Procedure Act means those provisions of the 
Administrative Procedure Act, as codified, which are contained in 5 
U.S.C. 551 through 559.
    (d) Attorney General means the Attorney General of the United States 
or his or her designee.
    (e) Department means the United States Department of Justice.
    (f) Judge means an Administrative Law Judge appointed pursuant to 
the provisions of 5 U.S.C. 3105.
    (g) Penalty means the amount described in 28 CFR 76.3 and includes 
the plural of that term.
    (h) The term Personal Use Amount means possession of controlled 
substances in circumstances where there is no other evidence of an 
intent to distribute, or to facilitate the manufacturing, compounding, 
processing, delivering, importing or exporting of any controlled 
substance. Evidence of personal use amounts shall not include sweepings 
or other evidence of possession of amounts of a controlled substance for 
other than personal use. The following criteria shall be used to 
determine whether an amount of controlled substance in a particular case 
is in fact a personal use amount. The absence of any of the factors 
listed in paragraphs (h)(1) through (h)(5) of this section and the 
existence of the factor in paragraph (h)(6) of this section shall be 
relevant, although not necessarily conclusive, to establish that the 
possession was for personal use, and amounts in excess of those listed 
in paragraph (h)(6) of this section may be determined to be personal use 
amounts where circumstances indicate possession of the substance without 
an intent to distribute or to facilitate the manufacturing, compounding, 
processing, delivering, importing or exporting of the controlled 
substance.
    (1) Evidence, such as drug scales, drug distribution paraphernalia, 
drug records, drug packaging material, method of drug packaging, drug 
``cutting'' agents and other equipment, that indicates an intent to 
process, package or distribute a controlled substance;

[[Page 317]]

    (2) Other information indicating possession of a controlled 
substance with intent to distribute;
    (3) The controlled substance is related to large amounts of cash or 
any amount of prerecorded government funds;
    (4) The controlled substance is possessed under circumstances that 
indicate such a controlled substance is a sample intended for 
distribution in anticipation of a transaction involving large amounts, 
or is part of a larger delivery; or
    (5) Statements by the possessor, or otherwise attributable to the 
possessor, including statements of co-conspirators, that indicate 
possession with intent to distribute.
    (6) The amounts do not exceed the following:
    (i) One gram of a mixture or substance containing a detectable 
amount of heroin;
    (ii) One gram of a mixture or substance containing a detectable 
amount of--
    (A) Coca leaves, except coca leaves and extracts of coca leaves from 
which cocaine, ecgonine, and derivations of ecgonine or their salts have 
been removed;
    (B) Cocaine, its salts, optical and geometric isomers, and salts of 
isomers;
    (C) Ecgonine, its derivatives, their salts, isomers, and salts of 
isomers; or
    (D) Any compound, mixture, or preparation which contains any 
quantity of any of the substances referred to in paragraphs (h)(6)(ii) 
(A) through (C) of this section;
    (iii) \1/10\ gram of a mixture or substance described in paragraph 
(h)(6)(ii) of this section which contains cocaine base;
    (iv) \1/10\ gram of a mixture or substance containing a detectable 
amount of phencyclidine (PCP);
    (v) 500 micrograms of a mixture or substance containing a detectable 
amount of lysergic acid diethylamide (LSD);
    (vi) One ounce of a mixture or substance containing a detectable 
among of marijuana;
    (vii) One gram of methamphetamine, its salts, isomers, and salts of 
its isomers, or one gram of a mixture or substance containing a 
detectable amount of methamphetamine, its salts, isomers, or salts of 
its isomers.
    (i) United States Attorney means the United States Attorney in the 
federal district in which the alleged violation occurred, or his or her 
designees, or an Assistant Attorney General.
    (j) Commencement of proceeding is the service upon a respondent of a 
Notice of Intent to Assess a Civil Penalty.
    (k) Complainant means the United States.
    (l) Complaint means the formal document initiating adjudicatory 
proceedings.
    (m) Consent Order means any written document containing a specified 
remedy or other relief agreed to by all parties and entered as an order 
by the Judge.
    (n) Hearing means that part of a proceeding which involves the 
submission of evidence, either by oral presentation or written 
submission.
    (o) Motion means an oral or written request, made by a person or 
party, for some action by a Judge.
    (p) Order means the whole or any part of a final procedural or 
substantive disposition of a matter by the Judge.
    (q) Party includes the United States of America and any person named 
as a respondent.
    (r) Respondent means any person alleged in a Notice of Intent to 
Assess a Civil Penalty or Complaint under 28 CFR 76.4 and 76.5 to be 
liable for a civil penalty under 28 CFR 76.3.