For Merchant Mariners, a criminal conviction—especially one involving dangerous drugs—can lead to serious repercussions for their Merchant Mariner Credential (MMC). The Coast Guard maintains strict standards for mariners, especially concerning drug-related offenses, as these cases raise concerns about safety on U.S. waterways. If you’ve been convicted of a dangerous drug offense, here’s what you need to know about the appeal process, possible outcomes, and how to “prove cure” to retain or restore your MMC.
How the Coast Guard Finds Out About Drug Convictions
The Coast Guard has multiple avenues for identifying mariners with drug convictions. During license or credential renewal, the Regional Exam Center conducts criminal background checks, which can reveal prior convictions. Additionally, the Coast Guard may receive reports from anonymous tips or from mariners who voluntarily disclose their conviction. Reporting a conviction promptly can be beneficial, as it may allow you to resolve issues sooner rather than having them surface unexpectedly during the renewal process.
Impact of Drug Convictions on MMC Eligibility
Under 46 U.S.C. § 7704(b) and 46 CFR § 5.59, any mariner convicted of violating U.S. or state dangerous drug laws within ten years of Coast Guard proceedings faces a mandatory MMC revocation. However, mariners with drug-related convictions have several options to address the issue and potentially retain their credentials.
Options for Mariners with Drug Convictions
- Hearing Before an Administrative Law Judge
- Mariners have the right to request a hearing before a Federal Administrative Law Judge (ALJ). During the hearing, the Coast Guard must prove the allegations, while you’ll have the opportunity to cross-examine witnesses, present evidence, and testify on your own behalf. While this process allows for a robust defense, it’s advisable to retain legal representation for the best chance of success. Costs for representation are the mariner’s responsibility, but an experienced attorney can help ensure your rights are protected and build a compelling case.
- Settlement Agreement
- Mariners may choose to enter into a settlement agreement with the Coast Guard. Under such an agreement, you
would serve a 15-month suspension and must demonstrate “proof of cure” to reinstate your credential after the suspension. The settlement must be approved by the ALJ, and while it may require a significant commitment to drug rehabilitation, it can avoid a full revocation. By proving cure—completing a substance abuse rehabilitation program, attending regular support meetings (such as NA or AA), and undergoing random drug testing—you can demonstrate readiness to return to safe duty.
- Voluntary Surrender
- As a final option, mariners may voluntarily surrender their credentials, which has the same effect as revocation. This decision effectively removes all rights to operate in any position requiring an MMC. Choosing this route means you relinquish your ability to appeal later and will need to pursue reinstatement through clemency processes if you wish to regain your credential in the future.
How to “Prove Cure” After a Drug Conviction
In cases of drug-related convictions, mariners who enter a settlement agreement will need to “prove cure” during their suspension period. This involves meeting several requirements to establish a commitment to a drug-free lifestyle:
- Complete a Certified Drug Rehabilitation Program: The program must be certified by a governmental agency or recognized by a professional association. Approved programs can be found through the Substance Abuse and Mental Health Services Administration (SAMSHA).
- Participate in a Substance Abuse Monitoring Program: Programs like Narcotics Anonymous (NA) or Alcoholics Anonymous (AA) must be attended for at least one year following the completion of rehabilitation.
- Undergo Random, Unannounced Drug Testing: A Medical Review Officer (MRO) oversees the testing program, which should be conducted for a minimum of one year. The MRO must be from an approved organization, such as the American Association of Medical Review Officers.
- Obtain a “Return to Work” Letter: This letter, provided by the MRO, confirms that you have met all the necessary requirements and are fit to return to duty.
These steps are essential to prove that you have addressed the issues that led to the suspension or revocation, and they demonstrate a commitment to maintaining a safe and drug-free lifestyle.
Navigating the Appeal Process
Handling a drug conviction and MMC appeal requires thorough preparation and a clear understanding of Coast Guard protocols. At the National Security Law Firm, we specialize in representing mariners in MMC appeals, helping clients build strong cases to retain or restore their credentials. Whether you choose a hearing, settlement, or are considering your options after a drug conviction, we offer experienced guidance and a strategic approach tailored to each client’s unique situation.
How NSLF Can Help You Navigate the Appeal Process
Dealing with a positive drug test and the potential loss of your MMC is a complex, challenging situation. At the National Security Law Firm, our team is experienced in MMC appeals and understands the unique requirements set by the Coast Guard. From preparing for a hearing to negotiating a favorable settlement agreement, we can guide you through each stage of the process. Our goal is to help you keep your credential and continue your maritime career with confidence.
NSLF’s MMC Money-Back Guarantee — Flat Fee: $9,995
Our MMC appeal service is designed to be straightforward, effective, and affordable. For an all-inclusive fee of $9,995, here’s everything you receive:
● Guaranteed Results or Your Money Back
We guarantee a reduction in your Merchant Mariner Credential (MMC) suspension or revocation. If we can’t achieve this, we’ll refund your fee. This is our commitment to securing the results you need.
● Experienced and Knowledgeable Legal Professionals
When you work with the National Security Law Firm, you gain access to attorneys with deep expertise in maritime law and MMC cases. Our team provides:
- A proven track record of success
- Extensive knowledge of U.S. Coast Guard procedures
- Years of experience in administrative hearings
- Excellence in negotiations
- Comprehensive legal support
- Tailored strategies that suit your unique situation
Our attorneys are recognized in their field, ensuring you get top-notch representation for your MMC suspension and revocation cases.
● Timely Service
We know that every day without your MMC is a day of lost income. Although government processing times are out of our control, we’re committed to moving as quickly as possible to help you return to work.
● Quick and Simple Onboarding
Our electronic onboarding process takes less than 15 minutes to complete, allowing us to get to work right away while you focus on more important matters.
● Personalized Attention and Support
You’ll be assigned a dedicated case manager who will guide you through each step of the process, ensuring personalized and attentive service. With a case manager by your side, you’ll always be kept up-to-date.
● Satisfaction Guarantee
We take pride in the quality of our work and our reputation. We’re dedicated to helping you get your career back on track and offer unlimited revisions until you’re completely satisfied with your submission.
● Flexible Monthly Payment Plans
We offer flexible installment plans through Pay Later by Affirm, allowing you to pay over 3, 6, 12, or 24 months. The application is quick, easy, and won’t affect your credit score, ensuring accessible representation without financial strain.
For just $9,995, you receive our full MMC appeal service with guaranteed results, expert representation, and complete peace of mind.
Get Back to Work Rapidly with Your MMC Appeal
Every month you go without your Merchant Mariner Credential (MMC), you’re likely missing out on tens of thousands of dollars in lost salary. Don’t wait any longer—book a consult with an experienced MMC appeal lawyer today to take action and get back on course.
At the National Security Law Firm, we make the process quick and easy. With one call, our experienced team will assess your situation and, if you’re a good candidate, plan out the entire appeal process for you. Let us handle the details while you focus on your future.
The sooner you act, the faster you can regain your ability to work and protect your career. Delaying could cost you more than just lost wages—it could have long-term effects on your reputation and livelihood. With our affordable flat fee and flexible payment options, there’s no reason to hesitate.
Book your consult now and let us fight to secure your MMC and your future.
