A bill to facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances, and for other purposes.
PL 96-350 (H.R.2538), enacted 09/15/1980

PUBLIC LAW 96-350—SEPT. 15, 1980 
94 STAT. 1159 
Public Law 96-350 
96th Congress 
An Act 
To facilitate increased enforcement by the Coast Guard of laws relating to the 
importation of controlled substances, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) it is 
unlawful for any person on board a vessel of the United States, or on 
board a vessel subject to the jurisdiction of the United States on the 
high seas, to knowingly or intentionally manufacture or distribute, or 
to possess with intent to manufacture or distribute, a controlled 
substance. 
(b) It is unlawful for a citizen of the United States on board any 
vessel to knowingly or intentionally manufacture or distribute, or to 
possess with intent to manufacture or distribute, a controlled 
substance. 
(c) It is unlawful for any person on board any vessel within the 
customs waters of the United States to knowingly or intentionally 
manufacture or distribute, or to possess with intent to manufacture 
or distribute, a controlled substance. 
(d) It is unlawful for any person to possess, manufacture, or 
distribute a controlled substance— 
(1) intending that it be unlawfully imported into the United 
States; or 
(2) knowing that it will be unlawfully imported into the United 
States. 
(e) Subsections (a), (b), and (c) do not apply to a common or contract 
carrier, or an employee thereof, who possesses or distributes a 
controlled substance in the lawful and usual course of the carrier's 
business or to a public vessel of the United States, or any person on 
board such a vessel who possesses or distributes a controlled sub-
stance in the lawful course of his duties, if the controlled substance is 
a part of the cargo entered in the vessel's manifest and is intended to 
be lawfully imported into the country of destination for scientific, 
medical, or other legitimate purposes. It shall not be necessary for the 
United States to negative the exception set forth in this subsection in 
any complaint, information, indictment, or other pleading or in any 
trial or other proceeding. The burden of going forward with the 
evidence with respect to this exception is upon the person claiming its 
benefit. 
(0 Any person who violates this section shall be tried in the United 
States district court at the point of 
entry where that person enters the 
United States, or in the United States District Court for the District 
of Columbia. 
(g)(1) Any person who commits an offense defined in subsection (a), 
(b), (c) or (d) of this section shall be punished in accordance with the 
penalties set forth in section 1010 of 
the Comprehensive Act. 
(2) Notwithstanding paragraph (1) of this subsection, any person 
convicted of an offense under this Act shall be punished in accord-
ance with the penalties set forth in section 1012 of 
the Comprehensive 
Sept. 15, 1980 
[H.R. 2538] 
Coast Guard. 
Enforcement of 
importation 
laws. 
21 u s e 955a. 
Lawful 
distribution 
of controlled 
substances. 
Violations. 
Penalties. 
21 u s e 960. 
94 STAT. 1160 
PUBLIC LAW 96-350—SEPT. 15, 1980 
21 u s e 962. 
Definitions. 
21 u s e 955b. 
46 u s e 1451 
note. 
13 UST 2315. 
Offense. 
21 u s e 955c. 
21 u s e 955d. 
21 u s e 881. 
Act if such offense is a second or subsequent ofTense as defined in 
section 1012(b) of 
that Act. 
(h) This section is intended to reach acts of possession, manufac-
ture, or distribution committed outside the territorial jurisdiction of 
the United States. 
SEC. 2. As used in this Act— 
(a) "Customs waters" means those waters as defined in section 
4010') of 
the Tariff Act of 1930 (19 U.S.C. 1401(j)). 
(b) "High seas" means all waters beyond the territorial seas of the 
United States and beyond the territorial seas of any foreign nation. 
(c) "Vessel of the United States" means any vessel documented 
under the laws of the United States, or numbered as provided by the 
Federal Boat Safety Act of 1971, as amended, or owned in whole or in 
part by the United States or a citizen of the United States, or a 
corporation created under the laws of the United States, or any State, 
Territory, District, Commonwealth, or possession thereof, imless the 
vessel has been granted nationality by a foreign nation in accordance 
with article 5 of the Convention on the High Seas, 1958. 
(d) "Vessel subject to the 
jurisdiction of the United States" includes 
a vessel without nationality or a vessel assimilated to a vessel without 
nationality, in accordance with paragraph (2) of article 6 of the 
Convention on the High Seas, 1958. 
(e) "Comprehensive Act" means the Comprehensive Drug Abuse 
Control and Prevention Act of 1970 (21 U.S.C. 801-966). All terms 
used in this Act that are defined in the Comprehensive Act have the 
meanings assigned to them by that Act. 
SEC. 3. Any person who attempts or conspires to commit any 
offense defined in this Act is punishable by imprisonment or fine or 
both which may not exceed the maximum punishment prescribed for 
the offense, the commission of which was the object of the attempt or 
conspiracy. 
SEC. 4. Any property described in section 511(a) of the Comprehen-
sive Act that is used or intended for use to commit, or to facilitate the 
commission of, an offense under this Act shall be subject to seizure 
and forfeiture in the same manner as similar property seized or 
forfeited under section 511 of 
the Comprehensive Act. 
Approved September 15, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-323 (eomm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 96-855 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): July 23, considered and passed House. 
Vol. 126 (1980): July 24, considered and passed Senate, amended. 
July 31, House concurred in certain Senate amendments, in 
others with amendments. 
Sept. 3, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 38 (1980): Sept. 15, Presidential statement.