46 U.S.C. § 70506 — Penalties

(a) Violations. A person who violates section 70503(a)(1) is punished as provided in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). But if it is a second or later offense, as defined in section 1012(b) of that Act (21 U.S.C. 962(b)), the person is punished as provided in section 1012 of that Act (21 U.S.C. 962) instead. (b) Attempts and Conspiracies. A person who attempts or conspires to violate section 70503 faces the same penalties as someone who actually violates section 70503. (c) Simple Possession. (1) In general. After notice and a chance for a hearing, the Secretary can find that a person aboard a vessel under U.S. jurisdiction knowingly or intentionally possessed a controlled substance as defined in the Controlled Substances Act (21 U.S.C. 812). That person then owes the United States a civil penalty of up to $5,000 per violation. The Secretary must notify the person in writing of the penalty amount. (2) Determination of amount. In setting the penalty amount, the Secretary must weigh the nature, circumstances, extent, and seriousness of the acts, along with the person's degree of fault, any past offenses, ability to pay, and other things fairness requires. (3) Treatment of civil penalty assessment. A civil penalty under this subsection does not count as a conviction under state or federal law, but it may be used as proof of possession if that is relevant. (d) Penalty. A person who violates section 70503(a)(2) or (3) — the parts about destroying evidence or hiding cash — faces a fine under section 3571 of title 18, up to 15 years in prison, or both.