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21 U.S.C. 844 - Penalties for simple possession. View the most recent version of this document on this website.This only supports one prosecution for simple possession. 21 USC § 844 (Simple Possession). Misdemeanor - One year maximum. § 844, commonly referred to as simple possession of controlled substances. Food and Drugs § 844. 1997 US Code Title 21 - FOOD AND DRUGS CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I - CONTROL AND ENFORCEMENT Part D - Offenses and Penalties Statutory Penalties: 21 U.S.C. §§ 841(b)(1), 960(b) . The essential elements of simple possession of marijuana, a controlled substance, under.