Pub. L. 98–8997 Stat. 546Pub. L. 99–36, § 1(a)(9)(F)99 Stat. 68Pub. L. 101–380, title IV, § 4103(a)(2)(B)104 Stat. 511Pub. L. 108–293, title IV, § 402118 Stat. 1043Pub. L. 115–232, div. C, title XXXV, § 3545(b)132 Stat. 2326(, , ; , (G), , ; , , ; , , ; , , .)
|
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 , 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.
Editorial Notes
Amendments
Pub. L. 115–2322018—Subsecs. (a) to (c). redesignated subsecs. (b) and (c) as (a) and (b), respectively.
Pub. L. 108–2932004—Subsec. (b). inserted “suspended or” after “shall be”.
Pub. L. 101–3801990—Subsec. (a). struck out subsec. (a) which defined “dangerous drug” for purpose of this section as narcotic drug, controlled substance, and marihuana.
Pub. L. 99–36, § 1(a)(9)(F)1985—Subsec. (b). , substituted “merchant mariner’s document” for first reference to “document”.
Pub. L. 99–36, § 1(a)(9)(G)Subsec. (c). , substituted “certificate of registry, or merchant mariner’s document” for “certificate, or document”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Pub. L. 101–380section 1020 of Pub. L. 101–380section 2701 of Title 33Amendment by applicable to incidents occurring after , see , set out as an Effective Date note under , Navigation and Navigable Waters.