Medical Marijuana on a Boat in California ?

[sww914]

Don't think that this means that I want to get stoned all the time, I don't.
I was really interested in the debate and there have been some insightful responses. Gord, as usual, has produced facts and information rather than speculation (speculation is my specialty). I think that the term "local customs" pretty much sums it up, doesn't it? The USCG cares about federal laws and it's still illegal federally regardless of what Ca says..
What brought it all up in my mind is the situation here in San Luis Obispo county. There have been several dispensaries that were busted by our county sheriffs. These were, in their own opinions, legal businesses with business licenses and all the proper permits. The sheriff's department decided to enforce federal law and arrest the proprietors. Got me to wondering what could happen to a boat owner that assumed that they were complying with the law.

[svHyLyte]

Have one of your non-boat owning friends walk into the CG Station at Morro Bay and ask the Duty Officer or Station Commander about the issue. I have little doubt about the answer, or that your friend's license plate will likely be logged.

[Dockhead]

Originally Posted by jerrymc

Gord is right..Federal law trumps State law, in this regard. If you're tied up in the marina, on shore power, local laws apply..underway & boarded by the Coast Guard, you're in trouble. The Coasties don't care if you've got a scrip or not.

In case anyone is interested -- off topic warning -- Federal law trumps State law whenever there is a conflict (Supremacy Clause of the US Constitution) and whenever the Federal law is a legitimate exercise of federal power. Regulating drug use which does not involve crossing state lines (medical marijuana is grown by special growers in-state) is not a legitimate exercise of federal power, although there is about 80 years of case law against me on this point. Gonzales v. Raich settled the point in 2005 (feds can criminalize medical marijuana under Commerce Clause authority). The Supremes have refused, however, to hear cases that claim that California can't legalize medical marijuana at all because of the Controlled Substances Act.

The Justice Department has issued a letter telling the feds to lay off of normal medical pot smokers in California -- http://blogs.usdoj.gov/blog/archives/192

Whether or not the Coast Guard would arrest you for having otherwise legal medical marijuana on board I have no idea. I couldn't find anything at all. I think you could call and talk to their legal department. Let us know what they say -- it's an interesting question.

[joey69]

I just watched a show about the USCG in CA. They made a guy dump his 1oz. overboard cause he didn't have his written scrip with him. The USCG guy said that they don't enforce fed. law on anything under an ounce.If dude had a lb. it would be criminal.They mostly are looking for smugglers,not the small-fry.

[atoll]

fibergrass boats.......

Watch Cheech And Chong's Up In Smoke Online | blinkbox

[sww914]

I just did as suggested and talked to 2 different kind and helpful Coast Guard Petty Officers. They were quite clear that federal law trumps state law and that any small amount of marijuana on board would likely result in a citation. They said that it would be up tho the boarding officer involved as to wether they would ignore a small amount, cite the captain for the same small amount, or seize the vessel.
I also asked about drinking at anchor. It's legal if you expect to not be operating the vessel and the blood alcohol level that's legal if you must drive the boat is the same as a car, .08 percent unless you're a licensed captain and then it's .04 percent.
They really were kind and helpful. I don't think that they'll send out the black helicopters to abduct me tonight.

[joey69]

[QUOTE=atoll;622004]fibergrass boats.......

hahaha....that's funny

[s/v Jedi]

So, how about a couple of ampoules of morphine? I guess that's a controlled substance too but many carry it in their ships medical kits. Same for antibiotics etc.

cheers,
Nick.

[atoll]

so what happened to "zero tolerance" or does that just apply to foreign vessels?

[David M]

Call the Coast Guard from an untraceable back to you phone booth and find out.

[atoll]

trying to trace one,on wikileaks.........

[Dune]

Originally Posted by boatman61

It always makes me smile when I hear 'Medical Marijuana'... the kit always consists of a Baggie, papers and roaches.....
I've yet to see a bottle of prescription tablets standing next to a glass of water...

Until you have had cancer and had to deal with chemotherapy and all its side affects of appetite loss or pain, or had glaucoma, perhaps one should not judge. Never judge until you walk a mile in there shoes.

My kids always ask me about whether I smoked pot or not. My answer... I made some poor decisions when I was your age...I learned and am passing my knowledge on to you...now, shutup and get me something to eat...I have the munchies. JK...
Hello, My name is Dune and I have been drug free for over 20 years.

As per the OP's question...The USCG policy has a zero tolerance for anything deemed illegal by federal law. i.e. Cannibis

[atoll]

"if we only use 10% of our brain cells,what do the other 90% do?"

think this applies to people who think what is acceptable on the street is also acceptable on an internatinal ocean going yacht.

would you try cross a border or fly carrying any amount of an illegal substance?

[David M]

Can we NOT turn this thread into a debate about the merits or non-merits of marijuana? The original post is about being boarded with marijuana and its legality with a prescription in California.

[sww914]

Originally Posted by s/v Jedi

So, how about a couple of ampoules of morphine? I guess that's a controlled substance too but many carry it in their ships medical kits. Same for antibiotics etc.

cheers,
Nick.

Morphine is legal according to federal law in the right circumstances but mary-jo isn't.