
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC7704]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
      Part E--Merchant Seamen Licenses, Certificates, and Documents
 
                  CHAPTER 77--SUSPENSION AND REVOCATION
 
Sec. 7704. Dangerous drugs as grounds for revocation

    [(a) Repealed. Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B), Aug. 
18, 1990, 104 Stat. 511.]
    (b) 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 revoked.
    (c) 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.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, 
Sec. 1(a)(9)(F), (G), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title 
IV, Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.)

                      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 July 14, 1954, 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.


                               Amendments

    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, Sec. 1(a)(9)(F), substituted 
``merchant mariner's document'' for first reference to ``document''.
    Subsec. (c). Pub. L. 99-36, Sec. 1(a)(9)(G), substituted 
``certificate of registry, or merchant mariner's document'' for 
``certificate, or document''.


                    Effective Date of 1990 Amendment

    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.
