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46 U.S.C. § 70505 — Failure to comply with international law

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

46 U.S.C. § 70505 — Failure to comply with international law

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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Stable record: federal_law:legal_authorities:usc2024-5500ced26756b87356456e37
Source file: Laws/federal/codes/united-states-code-2024/title-46/section-70505-failure-to-comply-with-international-law--96461b58dc.md
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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, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–96; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3553; Pub. L. 104–324, § 1138(a)(4), Oct. 19, 1996, 110 Stat. 3989. Editorial Notes AMENDMENTS 2008—Pub. L. 110–407 substituted ‘‘this title, or against whom a civil enforcement proceeding is brought under section 70508,’’ for ‘‘this title’’. § 70506. Penalties (a) VIOLATIONS.—A person violating paragraph (1) of section 70503(a) of this title shall be pun- ished as provided in section 1010 of the Com- prehensive 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) ATTEMPTS AND CONSPIRACIES.—A person at- tempting or conspiring to violate section 70503 of this title 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 no- tice and an opportunity for a hearing, to have knowingly or intentionally possessed a con- trolled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) shall be liable to the United States for a civil pen- alty 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 deter- mining the amount of the penalty, the Sec- retary shall consider the nature, cir- cumstances, extent, and gravity of the prohib- ited 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 ASSESS- MENT.—Assessment of a civil penalty under this subsection shall not be considered a con- viction 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 accord- ance with section 3571 of title 18, imprisoned not more than 15 years, or both. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 111–281, title III, § 302, Oct. 15, 2010, 124 Stat. 2923; Pub. L. 114–120, title III, § 314(c), Feb. 8, 2016, 130 Stat. 59.) HISTORICAL AND REVISION NOTES Revised Section Source (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), sub- stituted ‘‘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).

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

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

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

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

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

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

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. § 70505 — Failure to comply with international law as a defense

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.

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