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Title 46 — Shipping

Part E · Chapter 75 — General Procedures for Licensing, Certification, and Documentation

§ 7503. Dangerous drugs as grounds for denial

Statutory text

A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who—

(1)

within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or

(2)

when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 98–89 · 97 Stat. 500

    Enacted · 46 U.S.C. § 7503

    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545

    Source evidence

    Code source credit
    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545

  2. Pub. L. 99–36 § 1(a)(9)(D) · 99 Stat. 67

    Substituted · 46 U.S.C. § 7503(b)

    Pub. L. 99–36 substituted “certificate of registry, or merchant mariner’s document” for first reference to “certificate, or document”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–36 substituted “certificate of registry, or merchant mariner’s document” for first reference to “certificate, or document”.

    Enacted provision · exact public law section
    (1) In section 3305(b), strike “life-saving” and “life preserver or firehose” and insert in lieu thereof “lifesaving” and “life preserver, lifesaving device, or firehose”, respectively.

  3. Oil Pollution Act of 1990

    Pub. L. 101–380 title IV § 4103(a)(2)(B) · 104 Stat. 484

    Struck · 46 U.S.C. § 7503(a)

    Pub. L. 101–380 struck out subsec. (a) which defined “dangerous drug” for purpose of this section as narcotic drug, controlled substance, and marihuana

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–380 struck out subsec. (a) which defined “dangerous drug” for purpose of this section as narcotic drug, controlled substance, and marihuana.

    Enacted provision · exact public law section
    (B) Sections 7503(a) and 7704(a) of title 46, United States Code, are repealed.

    Effective date note
    Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

  4. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. C title XXXV § 3545(a) · 132 Stat. 1636

    Repealed · 46 U.S.C. § 7503

    Pub. L. 115–232 amended section generally. Prior to amendment, section consisted of repealed subsec. (a) and subsec. (b) identical to present provisions

    Source evidence

    Code amendment note
    Pub. L. 115–232 amended section generally. Prior to amendment, section consisted of repealed subsec. (a) and subsec. (b) identical to present provisions.

    Enacted provision · exact public law section
    (a) Dangerous Drugs as Grounds for Denial.— Section 7503 of title 46, United States Code, is amended to read as follows: “§ 7503. Dangerous drugs as grounds for denial   “A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who— “(1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or “(2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.” .

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7503(a)46:239a(a)46:239b(a)

Section 7503 provides that the issuance of a license, certificate, or document may be denied by the Secretary to any individual who has been convicted, within 10 years, of violating a dangerous drug law of the United States or to any individual who has been a user of a dangerous drug, unless the individual provides satisfactory proof of being cured. This includes PCP and LSD. See also the note to section 7704. However, the Secretary may deny issuing a license, certificate or document to the individual who has used or been convicted of a “controlled substance” such as LSD if that use or conviction occurred before the date of enactment of this Act.

Editorial Notes

Amendments1985–2018 · 3 rounds

2018

Pub. L. 115–232 amended section generally. Prior to amendment, section consisted of repealed subsec. (a) and subsec. (b) identical to present provisions.

1990

Subsec. (a). Pub. L. 101–380 struck out subsec. (a) which defined “dangerous drug” for purpose of this section as narcotic drug, controlled substance, and marihuana.

1985

Subsec. (b). Pub. L. 99–36 substituted “certificate of registry, or merchant mariner’s document” for first reference to “certificate, or document”.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after , see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

Credits

1983–2018 · 4 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 545
  2. 1985Pub. L. 99–36, § 1(a)(9)(D), , 99 Stat. 68
  3. 1990Pub. L. 101–380, title IV, § 4103(a)(2)(B), , 104 Stat. 511
  4. 2018Pub. L. 115–232, div. C, title XXXV, § 3545(a), , 132 Stat. 2326.
Show as published

(Pub. L. 98–89, , 97 Stat. 545; Pub. L. 99–36, § 1(a)(9)(D), , 99 Stat. 68; Pub. L. 101–380, title IV, § 4103(a)(2)(B), , 104 Stat. 511; Pub. L. 115–232, div. C, title XXXV, § 3545(a), , 132 Stat. 2326.)

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