A positive drug test can have significant consequences for mariners, including denial, suspension, or even revocation of a Merchant Mariner Credential (MMC). The Coast Guard enforces strict regulations surrounding drug use in the maritime industry to ensure safety at sea. If you’ve received a positive drug test result, you may be able to retain your credential, but it will require a proactive approach. Here’s a guide on what to expect, the options available to you, and how to work toward a successful appeal.
How the Coast Guard Finds Out About Positive Drug Tests
Marine employers are legally required to report all verified positive drug tests to the nearest Coast Guard office. This means that even if the incident occurred off-duty, your employer’s report can trigger a Coast Guard review of your credentials. Once notified, the Coast Guard will initiate proceedings to determine whether your MMC should be denied, suspended, or revoked based on the positive result.
Impact of a Positive Drug Test on Your MMC
According to 46 U.S.C. § 7704(c) and 46 CFR § 5.59, an MMC must be revoked if a mariner is found to be using or addicted to dangerous drugs. However, mariners with a positive drug test are not without options; there are three main paths you can pursue to potentially retain your MMC or work toward a reinstatement:
Options After a Positive Drug Test
- Hearing Before an Administrative Law Judge (ALJ)
- If you want to challenge the drug test result, you have the right to a formal hearing. During the hearing, an Administrative Law Judge will preside, and the Coast Guard will be represented by an Investigating Officer who must present evidence to support the allegations. As the mariner, you can cross-examine witnesses, present your own evidence, and testify on your behalf.
- While legal representation is optional, having an attorney experienced in MMC appeals can strengthen your defense and help ensure that procedural requirements are met. This hearing process can be complex, so if you believe there were errors or extenuating circumstances, consulting with legal counsel is advisable.
- Settlement Agreement
- A Settlement Agreement with the Coast Guard allows you to resolve the issue without a hearing. Typically, this agreement involves a 15-month suspension of your MMC during which you must meet specific requirements to “prove cure” and demonstrate non-association with drugs.
- To fulfill the terms of the settlement, you’ll need to follow a rehabilitation and monitoring program. This can be a favorable option if you are willing to commit to rehabilitation, as it avoids full revocation of your MMC and provides a clear pathway to reinstatement after the suspension period.
- Voluntary Surrender
- If neither a hearing nor a settlement agreement feels like a viable option, you may voluntarily surrender your MMC to the Coast Guard. A voluntary surrender is treated the same as a revocation and means that you will no longer hold the rights to operate in positions that require an MMC. If you decide to pursue your MMC again in the future, reinstatement will require undergoing a rigorous clemency process with the Coast Guard.
Proving Cure: What It Entails
To demonstrate that you have successfully addressed the issues that led to a positive drug test, the Coast Guard requires that you “prove cure” during the suspension period. Proving cure is a structured process and involves the following steps:
- Complete a Certified Drug Rehabilitation Program: The program should be recognized by a government agency or an independent professional association. You can find a list of approved programs through the Substance Abuse and Mental Health Services Administration (SAMSHA).
- Participate in a Substance Abuse Monitoring Program: This may include programs like Narcotics Anonymous (NA) or Alcoholics Anonymous (AA) and must be attended for at least one year post-rehabilitation.
- Submit to Random Drug Testing: A Medical Review Officer (MRO) will oversee a year-long program of random, unannounced drug testing. This ongoing testing is crucial to demonstrate long-term sobriety and commitment.
- Obtain a Return-to-Work Letter: After successfully completing the above steps, a Medical Review Officer will issue a return-to-work letter, verifying that you’ve met all rehabilitation requirements and are fit to return to duty.
It’s important to note that all costs associated with proving cure, including rehabilitation, monitoring, and drug testing, are the responsibility of the mariner.
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.
