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46 U.S.C. § 70506 — Penalties

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46 U.S.C. § 70506 — Penalties

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Source location: Title 46, Chapter 705, § 70506; chapter-705-maritime-drug-law-enforcement.md

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**(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 amount.—** — 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) **Treatment of civil penalty assessment.—** — 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) Penalty.—** A person violating paragraph (2) or (3) of section 70503(a) shall be fined in accordance with [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), imprisoned not more than 15 years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70503 — Prohibited acts

**(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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21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

The Congress makes the following findings and declarations: (1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are transported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents

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18 U.S.C. § 3571 — Sentence of fine

**(a) In General.—** A defendant who has been found guilty of an offense may be sentenced to pay a fine. **(b) Fines for Individuals.—** Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $250,000; (4) for a misdemeanor resulting in death, not more than $250,000; (5) for a Class A misdemeanor that does not result in death, not more than $100,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or (7) for an infraction, not more than $5,000. **(c) Fines for Organizations.—** Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $500,000; (4) for a misdemeanor resulting in death, not more than $500,000; (5) for a Class A misdemeanor that does not result in death, not more than $200,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and (7) for an infraction, not more than $10,000. **(d) Alternative Fine Based on Gain or Loss.—** If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing pr

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21 U.S.C. § 960 — Prohibited acts A

**(a) Unlawful acts** Any person who— (1) contrary to section 825, 952, 953, or 957 of this title, knowingly or intentionally imports or exports a controlled substance, (2) contrary to [section 955 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section955&num=0&edition=prelim), knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or (3) contrary to [section 959 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section959&num=0&edition=prelim), manufactures, possesses with intent to distribute, or distributes a controlled substance, shall be punished as provided in subsection (b). **(b) Penalties** (1) In the case of a violation of subsection (a) of this section involving— (A) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; (B) 5 kilograms or more of a mixture or substance containing a detectable amount of— (i) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geometric isomers, and salts or isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 280 grams or more of a mixture or substance described in subparagraph (B) which contains cocaine base; (D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) 10 grams or more of a mixture or substance containing a detecta

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21 U.S.C. § 812 — Schedules of controlled substances

**(a) Establishment** There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after October 27, 1970, and shall be updated and republished on an annual basis thereafter.11 See Amendment of Schedules of Controlled Substances note below. **(b) Placement on schedules; findings required** Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows: (1) **Schedule I.—** (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision. (2) **Schedule II.—** (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence. (3) **Schedule III.—** (A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and

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21 U.S.C. § 962 — Second or subsequent offenses

**(a) Term of imprisonment and fine** Any person convicted of any offense under this subchapter is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under [section 960(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section960/b&num=0&edition=prelim), and if it is the offender’s second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the term of supervised release otherwise authorized. **(b) Determination of status** For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of such person for a felony drug offense have become final. **(c) Procedures applicable** [Section 851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section851&num=0&edition=prelim) shall apply with respect to any proceeding to sentence a person under this section.

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21 U.S.C. § 812 — Schedules of controlled substances

Page 799 TITLE 21—FOOD AND DRUGS § 812 1 See Amendment of Schedules of Controlled Substances note below. 3768, which enacted sections 801a, 830, and 852 of this title, amended sections 352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and 965 of this title and section 242a of Title 42, The Public Health and Welfare, re- pealed section 830 of this title effective Jan. 1, 1981, and enacted provisions set out as notes under sections 801, 801a, 812, and 830 of this title. For complete classifica- tion of this Act to the Code, see Short Title of 1978 Amendment note set out under section 801 of this title and Tables. This subchapter and subchapter II of this chapter, re- ferred to in subsec. (g)(1), was in the original ‘‘titles II and III of the Comprehensive Drug Abuse Prevention and Control Act’’, which was translated as meaning ti- tles II and III of the Comprehensive Drug Abuse Pre- vention and Control Act of 1970, Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, 1285, to reflect the probable intent of Congress. Title II is classified principally to this sub- chapter and part A of title III comprises subchapter II of this chapter. For complete classification of this Act to the Code, see Short Title notes set out under section 801 of this title and Tables. AMENDMENTS 2015—Subsec. (j). Pub. L. 114–89 added subsec. (j). 2014—Subsec. (i). Pub. L. 113–260 added subsec. (i). 2012—Subsec. (h)(2). Pub. L. 112–144 substituted ‘‘2 years’’ for ‘‘one year’’ and ‘‘1 year’’ for ‘‘six months’’. 2004—Subsec. (g)(1). Pub. L. 108–358, § 2(b)(1), sub- stituted ‘‘drug which contains a controlled substance from the application of this subchapter and subchapter II of this chapter if such drug’’ for ‘‘substance from a schedule if such substance’’. Subsec. (g)

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21 U.S.C. § 960 — Prohibited acts A

Page 901 TITLE 21—FOOD AND DRUGS § 960 1 So in original. The period probably should be a semicolon. of 12 miles of the coast of the United States’’ in pars. (1) and (2), added subsec. (b), and designated last two sentences as subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 960. Prohibited acts A (a) Unlawful acts Any person who— (1) contrary to section 825, 952, 953, or 957 of this title, knowingly or intentionally imports or exports a controlled substance, (2) contrary to section 955 of this title, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a con- trolled substance, or (3) contrary to section 959 of this title, man- ufactures, possesses with intent to distribute, or distributes a controlled substance, shall be punished as provided in subsection (b). (b) Penalties (1) In the case of a violation of subsection (a) of this section involving— (A) 1 kilogram or more of a mixture or sub- stance containing a detectable amount of her- oin; (B) 5 kilograms or more of a mixture or sub- stance containing a detectable amount of— (i) coca leaves, except coca leaves and ex- tracts of coca leaves from which cocaine, ec- gonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geo- metric isomers, and salts or isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or prepara- tion which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 280 grams or more of a mixture or sub- sta

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21 U.S.C. § 962 — Second or subsequent offenses

Page 906 TITLE 21—FOOD AND DRUGS § 962 finds that the violation was so committed, such person shall be sentenced to imprison- ment for not more than one year or a fine of not more than $25,000 or both. (Pub. L. 91–513, title III, § 1011, Oct. 27, 1970, 84 Stat. 1290; Pub. L. 100–690, title VI, § 6053(d), Nov. 18, 1988, 102 Stat. 4316.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 inserted ‘‘or fails to notify the Attorney General of an importation or exportation under section 971 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 962. Second or subsequent offenses (a) Term of imprisonment and fine Any person convicted of any offense under this subchapter is, if the offense is a second or subse- quent offense, punishable by a term of imprison- ment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under section 960(b) of this title, and if it is the offend- er’s second or subsequent offense, the court shall impose, in addition to any term of impris- onment and fine, twice the term of supervised release otherwise authorized. (b) Determination of status For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such of- fense, one or more prior convictions of such per- son for a felony drug offense have become fi

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70506 — Penalties

Page 598 TITLE 46—SHIPPING § 70505 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70504 .......... 46 App.:1903(f). Pub. L. 96–350, § 3(f), 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. 104–324, § 1138(a)(5), Oct. 19, 1996, 110 Stat. 3989. Editorial Notes AMENDMENTS 2017—Subsec. (b). Pub. L. 115–91 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘(b) VENUE.—A person violating section 70503 or 70508 of this title shall be tried in the district court of the United States for— ‘‘(1) the district at which the person enters the United States; or ‘‘(2) the District of Columbia.’’ 2008—Subsec. (b). Pub. L. 110–407 inserted ‘‘or 70508’’ after ‘‘70503’’ in introductory provisions. § 70505. Failure to comply with international law as a defense A person charged with violating section 70503 of this title, or against whom a civil enforce- ment proceeding is brought under section 70508, does not have standing to raise a claim of fail- ure 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 de- fense to a proceeding under this chapter. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, § 202(b)(3), Oct. 13, 2008, 122 Stat. 4300.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70505 .......... 46 App.:1903(d). Pub. L. 96–350, § 3(d), Sept. 15, 1980,

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