2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2404 - Penalty for simple possession, conditional discharge and [expungement] of records for first offense

(a) It shall be unlawful for any person, knowingly or intentionally, to possess any controlled substance, unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice, or except as authorized by this chapter.
Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a fixed term of three (3) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of five (5) years; if there should be extenuating circumstances, it may be reduced to a minimum of two (2) years.
The court, in its discretion, in addition to imprisonment, may impose a fine that shall not exceed five thousand dollars ($5,000). If such person commits said offense after one (1) or more previous convictions under this subsection are final, he shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if there should be extenuating circumstances, it may be reduced to a minimum of four (4) years.
(b)
(1) If any person who has not been previously convicted of violating subsection (a) of this section, or any other provision of this chapter, or any other law of the United States, related to narcotic drugs, marijuana, or stimulant or depressant substances, is found guilty of violating subsection (a) of this section, be it after a trial or entering a plea of guilty, the court, without entering a verdict of guilty, and with the consent of said person, may defer further proceedings and place said person on probation under such reasonable terms and conditions as it may require and for a fixed term of three (3) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of five (5) years; should extenuating circumstances exist, it may be reduced to a minimum of two (2) years. The court shall advise the defendant that should he/she abandon the treatment and rehabilitation program, he/she shall be sanctioned pursuant to the provisions of § 232 of Act No. 115 of July 22, 1974.
The consent of the person shall include his acceptance that, if he is accused of a felony, the hearing to determine probable cause shall be held together with the initial summary hearing provided by §§ 1026—1029 of Title 34. The determination of probable cause for the commission of a new crime is sufficient cause to provisionally revoke the benefits of probation at that time.
Upon noncompliance with a condition of the probation, the court may render the probation ineffective and proceed to render judgment as provided in §§ 1026—1029 of Title 34.
If, during the probation period, such person does not violate any of the conditions thereof, the court, in its discretion, and after holding a hearing, may acquit said person and dismiss the proceedings against him. The acquittal and dismissal under this subsection shall be conducted without the court’s adjudication of guilt, but a confidential record thereof shall be retained by the court, not accessible to the public, and separate from all other records, solely for the use by courts in determining whether or not, in subsequent procedures, such person qualifies under this subsection.
Such acquittal and dismissal of the case shall not be deemed a conviction for purposes of disqualifications or impediments imposed by law on any person convicted of any offense, including the penalties prescribed hereunder for subsequent convictions, and the person acquitted shall be entitled to have the Superintendent of Police return to him any fingerprint records and photographs in the possession of the Police of Puerto Rico, taken in connection with the violation of this section. Acquittal and dismissal under this section may be granted only once to any person.
(c) Before rendering judgment for any person found guilty of violating subsection (a) of this section, be it after the lawsuit ends or through a guilty plea, the court, at such person’s request, shall order that a provider of services authorized by the Mental Health and Addiction Services Administration to subject the convict to a bio-psycho-social evaluation procedure, the cost of which shall be paid by the convict, except if he is indigent. Said provider of services shall submit a report to the court within thirty (30) days following the order. The report shall contain the background and history of the convict in relation to his use of controlled substances and the results of the tests, with recommendations. If based on such report and the file of the case, the court determines that the convict does not represent a danger to society, and that he is not a controlled substance addict, to the extent of needing the services of a rehabilitation program, the court may, with the consent of the Public Ministry, issue a resolution imposing upon him the penalty of a fine of not less than one thousand dollars ($1,000), nor more than ten thousand dollars ($10,000), and a penalty of community services up to a maximum of six (6) months. Additionally, the court shall order the convict to take, at his own expense, a preventive orientation course against the use of controlled substances with any provider of services acknowledged by the Mental Health and Addiction Services Administration.
If the convicted person were indigent or could not satisfy the totality of the fine imposed, or of the evaluation or orientation proceedings ordered, the court may establish a payment plan. Further, the court may authorize the total or partial payment or amortization of the fine through the rendering of work or community services, paying fifty dollars ($50) for each work day that does not exceed eight (8) hours per day.
The provision on the penalty of community services shall be implemented by the Correctional Administration and the Office of Court Administration, according to the regulations in effect. The court shall retain concurrent jurisdiction over the convicted person, together with the Correctional Administration for the purpose of compliance with the penalties imposed. In agreement with this, the court shall warn the convicted person that if any of the conditions imposed by the court or any of the provisions of this chapter are violated by the convicted person during the term of compliance with said penalties, that person shall be convicted according to the provisions in subsection (a) of this section; attributing to him the fine paid and the time of community service delivered, at fifty dollars ($50) for each day in jail and one (1) day in jail for each day of services rendered, respectively.
Once the convicted person satisfies the penalty imposed under this subsection and presents evidence of having passed the preventive orientation course, the court shall render judgment for a misdemeanor, in the understanding that the penalty has been satisfied.
History —June 23, 1971, No. 4, p. 526, § 404; May 31, 1972, No. 64, p. 139, § 1; June 4, 1980, No. 109, p. 350, § 1; July 13, 1988, No. 88, p. 362, § 2; Jan. 17, 1995, No. 7, § 2; Sept. 2, 2000, No. 356, § 1; Feb. 22, 2003, No. 77, § 1.