Title 46 — Shipping
Part E · Chapter 77 — Suspension and Revocation
§ 7704. Dangerous drugs as grounds for revocation
Statutory text
If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the proceedings, has been convicted of violating a dangerous drug law of the United States or of a State, the license, certificate, or document shall be suspended or revoked.
If it is shown that a holder has been a user of, or addicted to, a dangerous drug, the license, certificate of registry, or merchant mariner’s document shall be revoked unless the holder provides satisfactory proof that the holder 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.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 7704
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546Pub. L. 99–36 § 1(a)(9)(F) · 99 Stat. 67
Substituted · 46 U.S.C. § 7704(b)
Pub. L. 99–36, § 1(a)(9)(F), substituted “merchant mariner’s document” for first reference to “document”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–36, § 1(a)(9)(F), substituted “merchant mariner’s document” for first reference to “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.Pub. L. 99–36 § 1(a)(9)(G) · 99 Stat. 67
Substituted · 46 U.S.C. § 7704(c)
Pub. L. 99–36, § 1(a)(9)(G), substituted “certificate of registry, or merchant mariner’s document” for “certificate, or document”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–36, § 1(a)(9)(G), substituted “certificate of registry, or merchant mariner’s document” for “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.Oil Pollution Act of 1990
Pub. L. 101–380 title IV § 4103(a)(2)(B) · 104 Stat. 484
Struck · 46 U.S.C. § 7704(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.Pub. L. 108–293 title IV § 402 · 118 Stat. 1028
Inserted · 46 U.S.C. § 7704(b)
Pub. L. 108–293 inserted “suspended or” after “shall be”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 108–293 inserted “suspended or” after “shall be”.Enacted provision · exact public law section
SEC. 402. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS IN SUSPENSION AND REVOCATION CASES. Section 7704(b) of title 46, United States Code, is amended by inserting “suspended or” after “shall be”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. C title XXXV § 3545(b) · 132 Stat. 1636
Redesignated · 46 U.S.C. § 7704(a)(c)
Pub. L. 115–232 redesignated subsecs. (b) and (c) as (a) and (b), respectively
Source evidence
Code amendment note
Subsecs. (a) to (c). Pub. L. 115–232 redesignated subsecs. (b) and (c) as (a) and (b), respectively.Enacted provision · exact public law section
(b) Dangerous Drugs as Grounds for Revocation.— Section 7704 of title 46, United States Code, is amended by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
5 of 6 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| Revised section | Source section (U.S. Code) |
| 7704(a) | 46:239a(a) |
| 7704(b) | 46:239b(b)(1) |
| 7704(c) | 46:239b(b)(2) |
Section 7704 requires the Secretary to revoke the license, certificate, or document of any individual who has been convicted of a dangerous drug law within 10 years before the beginning of the suspension or revocation procedures. This section has expanded current law to incorporate violations involving “controlled substances” which are not narcotic. This includes PCP and LSD. Unless it can be done under existing law, the suspension or revocation of an individual’s license based on the use of a “controlled substance” only applies to the use or conviction after the date of enactment of this Act.
This section also provides that anyone who has been a user of or addicted to a dangerous drug since , may be subjected to revocation procedures unless the individual provides satisfactory proof of being cured.
In sections 7503(b)(2) and 7704(c), the term “use”, when applying to “narcotic drugs” or “controlled substances”, is not intended to include the use of “off the shelf” drugs or drugs acquired with a prescription lawfully issued by a medical doctor, as long as the drugs are used by the individual in the recommended amounts and the drugs will not impair the individual’s ability to perform duties.
Editorial Notes
Amendments1985–2018 · 4 rounds
2018
Subsecs. (a) to (c). Pub. L. 115–232 redesignated subsecs. (b) and (c) as (a) and (b), respectively.
2004
Subsec. (b). Pub. L. 108–293 inserted “suspended or” after “shall be”.
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, § 1(a)(9)(F), substituted “merchant mariner’s document” for first reference to “document”.
Subsec. (c). Pub. L. 99–36, § 1(a)(9)(G), substituted “certificate of registry, or merchant mariner’s document” for “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.