Maritime Drug Smuggling Defense (46 U.S.C. § 70503)

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. Our office answers 24 hours a day.

What the Law Prohibits

An individual may not knowingly or intentionally:

• manufacture or distribute a controlled substance, or possess it with intent to manufacture or distribute, on board a covered vessel. Since December 18, 2025, the law also reaches anyone who places, or causes someone to place, drugs on board a covered vessel with that intent;
• destroy, or try or conspire to destroy, property subject to drug forfeiture on board a covered vessel, including jettisoning cargo, scuttling, burning, or hastily cleaning the boat; or
• conceal more than $100,000 in currency or other monetary instruments aboard a covered vessel outfitted for smuggling.

A covered vessel is a U.S. vessel, a vessel subject to U.S. jurisdiction, or any vessel if the person is a U.S. citizen or resident alien.

"Subject to the Jurisdiction of the United States"

The statute lists vessels that qualify, including a vessel without nationality, a foreign-registered vessel whose country consents or waives objection, and vessels in U.S. customs waters. A vessel can be treated as without nationality when the person in charge claims a registry the named country denies, makes no claim when asked, claims a registry the country does not clearly confirm, or when no one on board claims to be in charge. A foreign country's consent can be given by radio or phone and is proved by a State Department certification.

Jurisdiction is not an element for the jury. The trial judge alone decides it, as a preliminary question of law.

What the Government Must Prove

Vessel subject to U.S. jurisdiction (11th Cir. Pattern Instr. O117.1; see our Elements page): you were on board a vessel of the United States or a vessel subject to its jurisdiction; you knowingly possessed a controlled substance; and you intended to distribute it.

U.S. citizen or resident alien on any vessel (O117.2; Elements page): you are a U.S. citizen or resident alien and were on board any vessel; you knowingly possessed a controlled substance; and you intended to distribute it.

If a quantity is charged, the jury also finds the weight. The July 2026 instructions track possession with intent to distribute; they have no separate instruction yet for the 2025 placing language.

Penalties

• Drug offenses are punished under the import statute, 21 U.S.C. § 960. That means the same tiers as federal trafficking: a 10-year minimum (up to life) for 5 kilograms or more of cocaine, and a 5-year minimum for 500 grams or more. See the weight table on our Federal Drug Conspiracy page.
• Jettisoning or destroying forfeitable property, or concealing more than $100,000: up to 15 years.
• Attempts and conspiracies carry the same penalties.
• Safety valve. The safety valve in 18 U.S.C. § 3553(f) expressly covers §§ 70503 and 70506, so a qualifying defendant can be sentenced below the minimum.

Defense Themes

• Jurisdiction. Was the boat really stateless, or did a country actually consent? The judge decides, and the certification and the record matter.
• Knowledge. Being aboard is not the same as knowingly possessing hidden cargo.
• Intent to distribute and weight. What was recovered, what was tested, and what was only claimed to be jettisoned.
• Statements at sea. Questioning on a Coast Guard cutter, often across a language barrier, is reviewed closely.
• Safety-valve eligibility. For many crew members, the safety valve is a central sentencing issue.

What to Do First

1. Family members: call us as soon as you learn of the arrest.
2. Do not discuss the case on detention-center phones.
3. Non-citizens: a federal drug conviction has serious immigration consequences. See Immigration Consequences. We are a criminal defense firm and coordinate with immigration counsel when needed.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

The boat was in international waters. How can a U.S. court hear the case?

The MDLEA applies outside U.S. territory to vessels subject to U.S. jurisdiction, including stateless vessels and foreign vessels whose country consents.

Is throwing drugs overboard a separate crime?

Yes. Destroying or jettisoning forfeitable property on a covered vessel carries up to 15 years.

Can a crew member get below the mandatory minimum?

Possibly. The safety valve covers MDLEA offenses if the court finds every condition met.