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CITE

    46 USC Sec. 70503                                           01/08/2008

EXPCITE

    TITLE 46 - SHIPPING
    Subtitle VII - Security and Drug Enforcement
    CHAPTER 705 - MARITIME DRUG LAW ENFORCEMENT

HEAD

    Sec. 70503. Manufacture, distribution, or possession of controlled
      substances on vessels

STATUTE

      (a) Prohibitions. - 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.
      (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.

SOURCE

    (Pub. L. 109-304, Sec. 10(2), Oct. 6, 2006, 120 Stat. 1687.)

HISTORICAL AND REVISION NOTES --------------------------------------------------------------------

      Revised       Source (U.S. Code)       Source (Statutes at Large)
      Section
    --------------------------------------------------------------------
    70503(a)       46 App.:1903(a).        Pub. L. 96-350, Sec. 3(a),
                                            (e), (h), Sept. 15, 1980, 94
                                            Stat. 1160; Pub. L. 99-570,
                                            title III, Sec. 3202, Oct.
                                            27, 1986, 100 Stat. 3207-95,
                                            3207-96, 3207-97; Pub. L.
                                            99-640, Sec. 17, Nov. 10,
                                            1986, 100 Stat. 3552, 3554;
                                            Pub. L. 100-690, title VII,
                                            Sec. 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.