§70503 — Title 46 Shipping | U.S. Code

Summary

You must not knowingly make, move, have with the plan to sell, or put drugs on a covered vessel. You also must not destroy or try to destroy property that can be seized under 21 U.S.C. 881(a) on that vessel (for example, by throwing things overboard, scuttling, burning, or quickly cleaning), or hide more than $100,000 in cash or similar money on your person or in luggage, cargo, or compartments of a vessel that is set up for smuggling. These rules apply even if the acts happen outside U.S. territory. The rule does not apply to commercial carriers or their employees, or to U.S. public vessels and their crew, if the drugs are listed on the ship’s manifest and are being legally imported for medical, scientific, or other lawful reasons. If someone says they qualify for that exception, they must bring the evidence; the U.S. government does not have to disprove it. Covered vessel means: (1) a U.S. vessel or one under U.S. jurisdiction; (2) any other vessel if the person is a U.S. citizen or a U.S. resident alien.

Title 46, §70503

Shipping — Source: USLM XML via OLRC

(a)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)Subsection (a) applies even though the act is committed outside the territorial jurisdiction of the United States.

(c)(1)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)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)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.

(e)In this section the term “covered vessel” means—

(1)a vessel of the United States or a vessel subject to the jurisdiction of the United States; or

(2)any other vessel if the individual is a citizen of the United States or a resident alien of the United States.

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