PocketLaw | USC 46 | Dangerous drugs as grounds for denial

Dangerous drugs as grounds for denial

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§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.

( Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545 ; Pub. L. 99–36, §1(a)(9)(D), May 15, 1985, 99 Stat. 68 ; Pub. L. 101–380, title IV, §4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511 ; Pub. L. 115–232, div. C, title XXXV, §3545(a), Aug. 13, 2018, 132 Stat. 2326 .)

Historical and Revision Notes
Revised section	Source 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.

Amendments

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 Prior to amendment, section consisted of repealed subsec.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".

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.

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