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46 U.S.C. § 70503 — Prohibited acts
Federal law — U.S. Code and appendices · legal_authorities
**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section881/a&num=0&edition=prelim)) 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 vess
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Source file: Laws/federal/codes/united-states-code/title-46/section-70503-prohibited-acts--c79f5ae5a1.md
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Source location: Title 46, Chapter 705, § 70503; chapter-705-maritime-drug-law-enforcement.md
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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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section881/a&num=0&edition=prelim)) 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.—** 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) Covered Vessel Defined.—** 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.
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Federal law — U.S. Code and appendices · legal_authorities
A person charged with violating [section 70503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70503&num=0&edition=prelim), or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70505
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Violations.—** A person violating paragraph (1) of [section 70503(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70503/a&num=0&edition=prelim) shall be punished as provided in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 960](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section960&num=0&edition=prelim)). 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section962/b&num=0&edition=prelim)), the person shall be punished as provided in section 1012 of that Act ([21 U.S.C. 962](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section962&num=0&edition=prelim)).
**(b) Attempts and Conspiracies.—** A person attempting or conspiring to violate [section 70503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70503&num=0&edition=prelim) is subject to the same penalties as provided for violating section 70503.
**(c) Simple Possession.—**
(1) **In general.—** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim)) 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) **Determination of am
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70506
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Property described in section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 881(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section881/a&num=0&edition=prelim)) that is used or intended for use to commit, or to facilitate the commission of, an offense under section 70503 or 70508 of this title may be seized and forfeited in the same manner that similar property may be seized and forfeited under section 511 of that Act ([21 U.S.C. 881](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section881&num=0&edition=prelim)).
**(b) Prima Facie Evidence of Violation.—** Practices commonly recognized as smuggling tactics may provide prima facie evidence of intent to use a vessel to commit, or to facilitate the commission of, an offense under [section 70503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70503&num=0&edition=prelim), and may support seizure and forfeiture of the vessel, even in the absence of controlled substances aboard the vessel. The following indicia, among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a vessel is intended to be used to commit, or to facilitate the commission of, such an offense:
(1) The construction or adaptation of the vessel in a manner that facilitates smuggling, including—
(A) the configuration of the vessel to ride low in the water or present a low hull profile to avoid being detected visually or by radar;
(B) the presence of any compartment or equipment that is built or fitted out for smuggling, not including items such as a safe or lock-box reasonably used for the storage of personal valuables;
(C) the presence of an auxiliary
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70507
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Subject property** The following shall be subject to forfeiture to the United States and no property right shall exist in them:
(1) All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this subchapter.
(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or listed chemical in violation of this subchapter.
(3) All property which is used, or intended for use, as a container for property described in paragraph (1), (2), or (9).
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragraph (1), (2), or (9).
(5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this subchapter.
(6) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance or listed chemical in violation of this subchapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this subchapter.
(7) All real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this subchapter punishable by more than
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 881
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Federal law — U.S. Code and appendices · legal_authorities
Page 882
TITLE 21—FOOD AND DRUGS
§ 881
minister, or otherwise dispose of controlled sub-
stances.’’
Subsec. (b)(3)(B). Pub. L. 103–200, § 6(2)(A), inserted
‘‘, listed chemicals,’’ after ‘‘unfinished drugs’’.
Subsec. (b)(3)(C). Pub. L. 103–200, § 6(2)(B), inserted ‘‘or
listed chemical’’ after ‘‘controlled substance’’ and ‘‘or
chemical’’ after ‘‘such substance’’.
1990—Subsec. (b)(3)(B). Pub. L. 101–647 substituted
‘‘paragraph (4)’’ for ‘‘paragraph (5)’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘United States magistrate judge’’ and ‘‘magistrate
judge’’ substituted for ‘‘United States magistrate’’ and
‘‘magistrate’’, respectively, wherever appearing in sub-
sec. (d) pursuant to section 321 of Pub. L. 101–650, set
out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–200 effective on date that
is 120 days after Dec. 17, 1993, see section 11 of Pub. L.
103–200, set out as a note under section 802 of this title.
§ 881. Forfeitures
(a) Subject property
The following shall be subject to forfeiture to
the United States and no property right shall
exist in them:
(1) All controlled substances which have
been manufactured, distributed, dispensed, or
acquired in violation of this subchapter.
(2) All raw materials, products, and equip-
ment of any kind which are used, or intended
for use, in manufacturing, compounding, proc-
essing, delivering, importing, or exporting any
controlled substance or listed chemical in vio-
lation of this subchapter.
(3) All property which is used, or intended
for use, as a container for property described
in paragraph (1), (2), or (9).
(4) All conveyances, including aircraft, vehi-
cles, or vessels, which are used, or are in-
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 881
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 881. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 597
TITLE 46—SHIPPING
§ 70504
Subsec. (d)(2). Pub. L. 110–181, § 3525(a)(6), incor-
porated the substance of the amendment by Pub. L.
109–241, § 303, into this section by amending heading and
text of par. (2) generally. Prior to amendment, text
read as follows: ‘‘A claim of registry under paragraph
(1)(A) or (C) may be verified or denied by radio, tele-
phone, or similar oral or electronic means. The denial
of such a claim is proved conclusively by certification
of the Secretary of State or the Secretary’s designee.’’
See 2006 Amendment note below and section 18(a) of
Pub. L. 109–304, set out as a Legislative Purpose and
Construction note preceding section 101 of this title.
Subsec. (f). Pub. L. 110–407 added subsec. (f).
2006—Pub. L. 109–241, § 303, which directed the amend-
ment of section 1903(c)(2) of the former Appendix to this
title from which subsec. (d) of this section was derived,
was repealed by Pub. L. 110–181, § 3525(b). See 2008
Amendment note for subsec. (d)(2) and Historical and
Revision notes above.
§ 70503. Prohibited acts
(a) PROHIBITIONS.—While on board a covered
vessel, an individual may not knowingly or in-
tentionally—
(1) manufacture or distribute, or possess
with intent to manufacture or distribute, a
controlled substance;
(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)); or
(3) conceal, or attempt or conspire to con-
ceal, more than $100,000 in currency or other
monetary instruments on the person of such
individual or in any conveyance, article of lug-
gage, merchandise, or other conta
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70503
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.