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Old 02-02-2011, 23:03   #1
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Medical Marijuana on a Boat in California ?

I don't wish to open a debate on whether medical marijuana is right or wrong, I'm pretty sure that issue has been beaten to death 10 times over on plenty of other forums. My question is is it ever legal on a boat? I'm pretty sure that you're never allowed to be intoxicated while operating a boat. Now that medical marijuana is kind of legal in California, assuming that you had a valid prescription and you were in possession, say, at anchor or in a marina, would the USCG seize your boat? What if you were underway? And even if all that were legal, would your rights end at the 3 mile mark?
And beyond all that, what if you're a liveaboard and fully plugged in at a marina?
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Old 02-02-2011, 23:14   #2
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Hmm..the shadow knows.
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Old 02-02-2011, 23:50   #3
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I would think that if you had a valid perscription for marijuana and were not operating your boat and were in California, you'd be legal.

Why don't you test this and get back to us with the results.
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Old 02-02-2011, 23:54   #4
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i know here are folks on moorings in sin diego with the enjoyment of their habit--is smellable as ye dink by.......
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Old 02-02-2011, 23:57   #5
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Legal (Medical) Marijuana is an oxymoron. California's decision to turn a blind eye (not really an official state policy, rather a passive indifference) does not trump federal law.

If you are pulled over in a car on the road, you will be dealing with a local municipality, or maybe CHP... if you are boarded by the USCG, you will be subject to federal law.

It would be a risky gamble to take, my advice would be to pass... each makes their own call, but I would not bank on advice telling you that it is ok you read on the internet... it would be a tough sell to a judge.

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Old 03-02-2011, 04:35   #6
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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...
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Old 03-02-2011, 04:59   #7
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It would be interesting to know where the USCG stands on this. How about someone who the answer matters to (sww914) call their local USCG station and ask them and then let us know the answer. Taking any answer you get ofna forum seems a way to lose your boat, plus!

I assume we are talking about just the fact of it being on the boat! Using it even if allowed to have it on the boat would be same to me as drinking.
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Old 03-02-2011, 05:54   #8
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Under California's medical marijuana laws, patients and caregivers are exempt from prosecution by the State of California, notwithstanding contrary federal law, but Federal law applies throughout California and the United States.
While several US states have decriminalized possession or personal use of cannabis, it is illegal at the federal level under the federal Controlled Substances Act of 1970 (classified as a Schedule I drug), and the DEA has continued to raid many medical marijuana dispensaries that were operating in accordance with their state's laws.
These laws are generally applied only against persons who possess, cultivate, or distribute large quantities of marijuana, but federal law does not yet recognize medical marijuana, and the DEA is currently allowed to use the Controlled Substances Act to arrest people for its use.
The US Coast Guard is a Federal agency.
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Old 03-02-2011, 06:04   #9
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I believe Gordo's acessment is correct. The USCG is governed by Federal Law which does not recognize California's "medical marijuna" allowances, good or bad. I think it would be very foolish to allow the stuff aboard one's boat unless the boat were used only on inland lakes.

FWIW...
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Old 03-02-2011, 07:38   #10
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Quote:
Originally Posted by boatman61 View Post
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...
I was in LA visiting my son in December. We walked Venice Beach for the first time in a decade for me. Seemed like many of the vendors and posers were the same. The big difference was that it seemed like every third shop was a "walk in" clinic offering green herb with a sandwich board hawker out front recommending the treatment as an option for any and all ailments. Since I felt well, I didn't partake so I can't comment on the prescription process or the delivery mechanism. I'm guessing tablets weren't involved, though.
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Old 03-02-2011, 07:51   #11
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I would err on the side of caution as I highly doubt that the CG would be as accomodating to local customs. Also, you run the risk of getting popped for boating under the influence...
Not worth the risk.
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Old 03-02-2011, 08:05   #12
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As Gord has pointed out, the feds, do not recognize the medical marijuana laws and they will bust you and take your ride. Those of us whom carry USCG licenses and work the trade are subject to random urinalysis and in some cases hair or blood sampling, so it would be unwise to risk the license or livelihood for perceived benefits for glaucoma symptoms.
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Old 03-02-2011, 08:25   #13
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Quote:
Originally Posted by captain58sailin View Post
As Gord has pointed out, the feds, do not recognize the medical marijuana laws and they will bust you and take your ride. Those of us whom carry USCG licenses and work the trade are subject to random urinalysis and in some cases hair or blood sampling, so it would be unwise to risk the license or livelihood for perceived benefits for glaucoma symptoms.
ROFL...................
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Old 03-02-2011, 09:13   #14
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if your up on the reg even lack of appetite gives you a script,,then you get medicininal ganga and can legaly consume it anywhere,,not to mention gloucoma,cancer etc, as a reason for ganga script,, kali{california} most liberal and no hassle as long as script to see,,
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Old 03-02-2011, 10:12   #15
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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.
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