Possession

Possession is the offense of knowingly having a controlled substance on one's person, in one's vehicle, or in premises under one's control. Under federal law, simple possession of any amount of marijuana is a misdemeanor under 21 U.S.C. § 844, punishable by up to one year and a $1,000 fine for a first offense, with enhancements for priors. Possession can be actual (on the person) or constructive (dominion and control over the location). State possession laws vary enormously — from legal possession up to 3 oz (New York) or 5 oz (Virginia) for adults 21+, to civil-fine infractions (North Carolina, Nebraska), to felony exposure for amounts exceeding statutory thresholds. President Biden's Proclamation 10467 (Oct. 6, 2022) pardoned federal simple possession convictions; Proclamation 10688 (Dec. 22, 2023) expanded the pardon to attempted possession and use, and to offenses on federal lands under D.C. Code and the CFR. Possession with intent to distribute is a separate, substantially more serious offense (see Intent to distribute). *→ See also: Intent to distribute, Trafficking, Pardon