(b)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.
(b)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.
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
1990—Subsec. (a). Pub. L. 101–380repealed subsec. (a) which defined “dangerous drug” for purpose of this section as narcotic drug, controlled substance, and marihuana.
1985—Subsec. (b). Pub. L. 99–36substituted “certificate of registry, or merchant mariner’s document” for first reference to “certificate, or document”.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–380applicable to incidents occurring after Aug. 18, 1990, see section 1020 ofPub. L. 101–380, set out as an Effective Date note under section
2701 of Title
33, Navigation and Navigable Waters.
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46 USC
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