46-U.S.C.-70503
§70503 – Manufacture, Distribution, Or Possession of Controlled Substances On Vessels
Pathway
Title 46 > Subtitle VII > Chapter 705 > Section 70503
Details
- Reference: Section 70503
- Legend: §70503 – Manufacture, Distribution, Or Possession of Controlled Substances On Vessels
- USCode Year: 2013
Provision Content
(a) Prohibitions.—An individual may not knowingly or intentionally manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance on board—
(1) a vessel of the United States or a vessel subject to the jurisdiction of the United States; or
(2) any vessel if the individual is a citizen of the United States or a resident alien of the United States.
(b) Extension Beyond Territorial Jurisdiction.—Subsection (a) applies even though the act is committed outside the territorial jurisdiction of the United States.
(c) Nonapplication.—
(1) In general.—Subject to paragraph (2), subsection (a) does not apply to—
(A) a common or contract carrier or an employee of the carrier who possesses or distributes a controlled substance in the lawful and usual course of the carriers business; or
(B) a public vessel of the United States or an individual on board the vessel who possesses or distributes a controlled substance in the lawful course of the individuals duties.
(2) Entered in manifest.—Paragraph (1) applies only if the controlled substance is part of the cargo entered in the vessels manifest and is intended to be imported lawfully into the country of destination for scientific, medical, or other lawful purposes.
(d) Burden of Proof.—The United States Government is not required to negative a defense provided by subsection (c) in a complaint, information, indictment, or other pleading or in a trial or other proceeding. The burden of going forward with the evidence supporting the defense is on the person claiming its benefit.
(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1687.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70503(a) | 46 App.:1903(a). | Pub. L. 96–350, §3(a), (e), (h), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–95, 3207–96, 3207–97; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3552, 3554; Pub. L. 100–690, title VII, §7402(a), Nov. 18, 1988, 102 Stat. 4483. |
| 70503(b) | 46 App.:1903(h). | |
| 70503(c) | 46 App.:1903(e) (1st sentence). | |
| 70503(d) | 46 App.:1903(e) (last sentence). |
In subsection (a), before paragraph (1), the words may not are substituted for It is unlawful for for consistency in the revised title and to eliminate unnecessary words.
In subsection (b), the words applies to are substituted for is intended to reach for clarity and to eliminate unnecessary words.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-70121 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-70121, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
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