46 U.S.C. § 70503: Prohibited acts

Summary

It is illegal for someone to, on purpose, put drugs or make or sell drugs on a covered vessel. It is also illegal to destroy property that can be seized under federal drug-forfeiture law on that vessel (for example by throwing things overboard, scuttling, burning, or quickly cleaning), or to try or plan to do those things. Also illegal is hiding more than $100,000 in cash or other money instruments on your person while aboard, or hiding it in luggage, cargo, containers, or compartments on a vessel that is set up for smuggling. These rules apply even if the act happens outside U.S. territory. The rule does not apply to common or contract carriers and their employees, or to U.S. public vessels and people on them acting in their duties, but only if the drug is listed on the ship’s cargo list and is meant to be legally imported for scientific, medical, or other lawful uses. The government does not have to disprove that defense; the person claiming it must present the supporting evidence. Covered vessel means a U.S. vessel or one under U.S. jurisdiction, or any vessel if the person is a U.S. citizen or a U.S. resident alien.

Title 46, §70503

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(a)Prohibitions.—

An individual may not knowingly or intentionally—

(1)manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;

(2)destroy (including jettisoning any item or scuttling, burning, or hastily cleaning a vessel), or attempt or conspire to destroy, property that is subject to forfeiture under section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)) on board a covered vessel; or

(3)conceal, or attempt or conspire to conceal, more than $100,000 in currency or other monetary instruments on the person of such individual while on board a covered vessel or in any conveyance, article of luggage, merchandise, or other container, or compartment of or aboard the covered vessel if that vessel is outfitted for smuggling.

(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 carrier’s 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 individual’s duties.

(2)Entered in manifest.—

Paragraph (1) applies only if the controlled substance is part of the cargo entered in the vessel’s manifest and is intended to be imported lawfully into the country of destination for scientific, medical, or other lawful purposes.

(d)Burden of Proof.— (e) Covered Vessel Defined.—

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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.

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 7324(1), substituted “An” for “While on board a covered vessel, an” in introductory provisions. Subsec. (a)(1). Pub. L. 119–60, § 7324(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance;”. Subsec. (a)(2). Pub. L. 119–60, § 7324(3), inserted “on board a covered vessel” after “(21 U.S.C. 881(a))”. Subsec. (a)(3). Pub. L. 119–60, § 7324(4), inserted “while on board a covered vessel” after “such individual”. 2016—Pub. L. 114–120, § 314(e)(1), substituted “Prohibited acts” for “Manufacture, distribution, or possession of controlled substances on vessels” in section catchline. Subsec. (a). Pub. L. 114–120, § 314(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “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.” Subsec. (e). Pub. L. 114–120, § 314(b), added subsec. (e).

§70503 Prohibited Acts