§70506 — Title 46 Shipping | U.S. Code

Summary

If someone breaks paragraph (1) of section 70503(a), they get the criminal penalties listed in 21 U.S.C. 960. A second or later offense is punished under 21 U.S.C. 962. Trying or planning to break section 70503 gets the same penalties as actually doing it. If someone breaks paragraph (2) or (3) of section 70503(a), they can be fined under 18 U.S.C. 3571, jailed for up to 15 years, or both. If the Secretary finds, after written notice and a chance for a hearing, that a person on a U.S.-jurisdiction vessel knowingly had a controlled drug (see 21 U.S.C. 812), the person can be fined up to $5,000 per violation. The Secretary must tell the person the fine in writing and will consider the facts, blame, past offenses, ability to pay, and other fair factors when setting the amount. Paying the fine is not a criminal conviction but can be used as proof of possession if relevant.

Title 46, §70506

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(a)A person violating paragraph (1) of section 70503(a) of this title shall be punished as provided in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). However, if the offense is a second or subsequent offense as provided in section 1012(b) of that Act (21 U.S.C. 962(b)), the person shall be punished as provided in section 1012 of that Act (21 U.S.C. 962).

(b)A person attempting or conspiring to violate section 70503 of this title is subject to the same penalties as provided for violating section 70503.

(c)(1)Any individual on a vessel subject to the jurisdiction of the United States who is found by the Secretary, after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) shall be liable to the United States for a civil penalty of not to exceed $5,000 for each violation. The Secretary shall notify the individual in writing of the amount of the civil penalty.

(2)In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.

(3)Assessment of a civil penalty under this subsection shall not be considered a conviction for purposes of State or Federal law but may be considered proof of possession if such a determination is relevant.

(d)A person violating paragraph (2) or (3) of section 70503(a) shall be fined in accordance with section 3571 of title 18, imprisoned not more than 15 years, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 70506(a)46 App.:1903(g).Pub. L. 96–350, § 3(g), (j), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 101–647, title XII, § 1203, Nov. 29, 1990, 104 Stat. 4830. 70506(b)46 App.:1903(j). In subsection (b), the words “the commission of which was the object of the attempt or conspiracy” are omitted as unnecessary.

Editorial Notes

References in Text

The Controlled Substances Act, referred to in subsec. (c)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 21 and Tables.

Amendments

2016—Subsec. (a). Pub. L. 114–120, § 314(c)(1), substituted “A person violating paragraph (1) of section 70503(a)” for “A person violating section 70503”. Subsec. (d). Pub. L. 114–120, § 314(c)(2), added subsec. (d). 2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).

§70506 Penalties