46 U.S.C. § 70503
Section 70503 · Manufacture, distribution, or possession of controlled substances on vessels
Amended 2 times on record
Applied in 176 court decisions — leading case United States v. Vilches-Navarrete (2008)
Most recently applied in United States v. Franco Posligua (November 2024)
Cases citing this section usually also cite 21 U.S.C. § 960 · 18 U.S.C. § 3553 · 18 U.S.C. § 2
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
While on board a covered vessel, an individual may not knowingly or intentionally—
manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance;
destroy (including jettisoning any item or scuttling, burning, or hastily cleaning a vessel), or attempt or conspire to destroy, property that is subject to forfeiture under section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)); or
conceal, or attempt or conspire to conceal, more than $100,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, or compartment of or aboard the covered vessel if that vessel is outfitted for smuggling.
Subsection (a) applies even though the act is committed outside the territorial jurisdiction of the United States.
Subject to paragraph (2), subsection (a) does not apply to—
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
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.
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.
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.
In this section the term “covered vessel” means—
a vessel of the United States or a vessel subject to the jurisdiction of the United States; or
any other vessel if the individual is a citizen of the United States or a resident alien of the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
70503(a)
46 App.:1903(a).
Pub. L. 96–350, § 3(a), (e), (h), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–95, 3207–96, 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3552, 3554; Pub. L. 100–690, title VII, § 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.
Amendments
2016—Pub. L. 114–120, § 314(e)(1), substituted “Prohibited acts” for “Manufacture, distribution, or possession of controlled substances on vessels” in section catchline.
Subsec. (a). Pub. L. 114–120, § 314(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “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.”
Subsec. (e). Pub. L. 114–120, § 314(b), added subsec. (e).