U.S. Code » Title 46 » Subtitle Subtitle VII— Security and Drug Enforcement › Chapter CHAPTER 705— MARITIME DRUG LAW ENFORCEMENT

46 U.S.C. § 70506

Penalties

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(a)Violations.—A person violating paragraph (1) of section 70503(a) of this title shall be punished as provided in section 1010 of the Comprehensive 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 attempting 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 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) 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, 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 NotesReferences 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), substituted “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).

2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).

Notes of Decisions
Cited in 94 cases (25 in the last 5 years), 2007–2026 · leading case: United States v. Javier Ballestas, 795 F.3d 138 (D.C. Cir. 2015).
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United States v. Javier Ballestas, 795 F.3d 138 (D.C. Cir. 2015). · cites it 3× “The MDLEA’s conspiracy provision, 46 U.S.C. § 70506 (b), provides that a “person attempting or conspiring to violate section 70503 of this title is subject to the same penalties as provided for violating section 70503.”
United States v. Gamboa-Cardenas, 508 F.3d 491 (9th Cir. 2007). · cites it 4× “960]," 46 U.S.C. § 70506 (emphasis added), rather than "in accordance with the penalties set forth in [ 21 U.”
United States v. Pertuz-Pertuz, 679 F.3d 1327 (11th Cir. 2012). · cites it 4× “Although 46 U.S.C. § 70506 (a) references section 960 as the penalty provision for violations of 46 U.”
United States v. Vilches-Navarrete, 523 F.3d 1 (1st Cir. 2008). · cites it 2× “§ 70503 ; [2] and (2) conspiracy to possess with intent to distribute more than five kilograms of cocaine, in violation of 46 U.S.C. § 70506 (b) on multiple grounds.”
United States v. De La Cruz, 998 F.3d 508 (1st Cir. 2021). · cites it 3× “46 U.S.C. § 70506 (a)-(b); see also 21 U.”
United States v. Henry Vazquez Valois, 915 F.3d 717 (11th Cir. 2019). “§ 960 (b)(1)(B) and 46 U.S.C. § 70506 (a). Thus, any error in the guidelines calculation was harmless as both Valencia and Portocarrero received the statutory mandatory minimum sentence and the district court could not have sentenced them to less.”
United States v. Cardales-Luna, 632 F.3d 731 (1st Cir. 2011). · cites it 2× “Cardales-Luna and his seven fellow crew members were subsequently charged in a three-count superseding indictment with (1) conspiracy to possess with intent to distribute the drugs found on the Osiris II, see 46 U.S.C. § 70506 (b); (2) aiding and abetting the possession of those…”
United States v. Alfredo Mosquera-Murillo, 902 F.3d 285 (D.C. Cir. 2018). · cites it 2× “" 46 U.S.C. § 70506 (a). So the first time a person conspires to violate § 70503(a)(1), she likewise "shall be punished as provided in .”
United States v. Willis Kendrick, III, 682 F.3d 974 (11th Cir. 2012). · cites it 2× “See 46 U.S.C. § 70506 (a); 21 U.S.C. § 960 (b)(2)(G).”
United States v. Wuilson Estuardo Lemus Castillo, 899 F.3d 1208 (11th Cir. 2018). “§ 960 (b)(1)(B) ; see also 46 U.S.C. § 70506 (a). Other federal laws that concern domestic drug offenses provide similar mandatory minimums, see, e.”
United States v. Angulo-Hernández, 565 F.3d 2 (1st Cir. 2009). · cites it 2× “On April 4, 2007, all eight persons onboard the Osiris II were charged in a three-count superseding indictment with (1) conspiracy to possess with intent to distribute the drugs seized from the boat, see 46 U.S.C. § 70506 (b); (2) aiding and abetting drug possession with intent…”
United States v. Elder Nehemias Lopez Hernandez, 864 F.3d 1292 (11th Cir. 2017). “” 46 U.S.C. § 70506 . With that text, Congress has instructed: any battle over the United States’ compliance with international law in obtaining MDLEA jurisdiction should be resolved nation-to-nation in the international arena, not between' criminal defendants and the United…”
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— 46 U.S.C. § 70506(b) — 1 case
Llanos-cortes v. Fci Loretto Warden (W.D. Pa. 2025).
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