Don't Bogart that Joint... Eh!

[CoralReefer]

Pass the Dutchie to the left hand side!

Reef it!

[Pelagic]

Originally Posted by Woodland Hills

It’s been legal in Washington for years with few issues. Why should this be any different?

It is different as this is a Federal Decision by a G-20 nation

Canada, like the US, is part of*international drug treaties that explicitly ban legalizing marijuana. Although activists have been pushing to change these treaties for years, they have failed so far — and that means Canada will be, in effect, in violation of international law in moving to legalize. (The US argues it’s still in accordance with the treaties because federal law still technically prohibits cannabis, even though some states have legalized it.)


I started this to try and clarify the legal issues of a Canadian registered yacht with the "Canadian legally approved " amount of weed on board, drifting near a shared water border and following a US inspection, weed is found and they are charged with possession.

The weed is inside a Canadian registered boat, so inside boat it should be legal to transit navigable waters and return to Canada. (Thinking Gulf Island/San Juan border passages).

If Trump who is at the moment, mad at Trudeau, decides to make an issue over this, Canadian yachts might be targets.



The day sailing yacht was not entering US so had no intention of smuggling into US, but got stopped and searched for security reasons.

[atoll]

Originally Posted by Pelagic

It is different as this is a Federal Decision by a G-20 nation

Canada, like the US, is part of*international drug treaties that explicitly ban legalizing marijuana. Although activists have been pushing to change these treaties for years, they have failed so far — and that means Canada will be, in effect, in violation of international law in moving to legalize. (The US argues it’s still in accordance with the treaties because federal law still technically prohibits cannabis, even though some states have legalized it.)


I started this to try and clarify the legal issues of a Canadian registered yacht with the "Canadian legally approved " amount of weed on board, drifting near a shared water border and following a US inspection, weed is found and they are charged with possession.

The weed is inside a Canadian registered boat, so inside boat it should be legal to transit navigable waters and return to Canada. (Thinking Gulf Island/San Juan border passages).

If Trump who is at the moment, mad at Trudeau, decides to make an issue over this, Canadian yachts might be targets.



The day sailing yacht was not entering US so had no intention of smuggling into US, but got stopped and searched for security reasons.

there must be historical examples from alcohol prohibition times when canadians on a legal booze cruise tangled with the ATF/FBI !

[Saleen411]

Originally Posted by Woodland Hills

It’s been legal in Washington for years with few issues. Why should this be any different?

As has been mentioned, weed is considered an illegal substance by the US govt and it is illegal to possess or transport it by all federal agencies.

For example, try getting on an airplane with weed in pot legal California and see what happens once it's discovered by the TSA.

I think it would be a bad idea for any Canadian to have pot onboard in US waters regardless if sailing to states like Washington or California that have so called "legalized" it's use.

[a64pilot]

Originally Posted by atoll

there must be historical examples from alcohol prohibition times when canadians on a legal booze cruise tangled with the ATF/FBI !

Funny thing about Prohibition.
It wasn’t illegal to possess or I believe consume alcohol, just transport and sell. Not sure about the transport part really.
But all through prohibition it was common I believe for people to have a prescription for alcohol from a Dr.
If I have it right, Prohibition was poorly executed, full of loop holes etc., imagine that I’m guessing however that Prohibition is where the BATF came from and once you get another layer of Police, it stays.
https://www.smithsonianmag.com/histo...oze-180947940/

[Mike OReilly]

Originally Posted by Pelagic

...I started this to try and clarify the legal issues of a Canadian registered yacht with the "Canadian legally approved " amount of weed on board, drifting near a shared water border and following a US inspection, weed is found and they are charged with possession.

The weed is inside a Canadian registered boat, so inside boat it should be legal to transit navigable waters and return to Canada. (Thinking Gulf Island/San Juan border passages).

Exactly the issue. This is not a question of whether it is illegal in the USA to transport cannabis across the border. It clearly is. That is not the question.

The issue that may affect the 10s of thousands of boaters is this issue Pelagic identifies: How will border patrol on both sides deal with this issue? And how should we deal with it as transiting cruisers?

[IdoraKeeper]

Once again our Canadian friends are leading the way. Plenty of reasons to just say no thanks, no reason whatsoever to be illegal.

[Suijin]

Originally Posted by a64pilot

I may be wrong, but I’m under the impression that Pot is illegal in the United States, by that I mean Federal Law.
A State May chose to not prosecute a Federal Law, but if you on a boat, You may be subjected to Federal Laws and not the State Law.
I’m not trying to be argumentative, but be careful and I’d at least be covert.

That may be true, but the practical implication of that is limited by who is paying attention at the border.

DHS (Department of Homeland Security) could give a fig about drugs in quantities for personal use. It's the DEA that is responsible for drugs enforcement at the federal level. DHS will give them or local authorities a ring if they find a duffle of weed but they are not going to stop you for a personal quantity because it's not a security issue.

Witness the number of travelers flying out of Denver who have been yanked for carrying weed with them. It's like 30 per year out of millions who are screened.

[a64pilot]

I was told right after Colorado decriminalized pot by an FAA inspector, that they were told to pay special attention to small aircraft who’s flights had originated in Colorado. You decide why, cause the FAA shouldn’t have anything to do with that.
I think proper US term is decriminalized, not legalized? Not trying to be a Lawyer, but there may be a significant difference, I’m not a Lawyer so I don’t know.

Now if I were visiting Canada, or a Canadian visiting the US, I’d leave the pot in Canada, just like if I were going to Saudi, I’d leave the liquor at home.
I think the only intelligent thing is to leave whatever the item is, where it’s legal, don’t take it anywhere it’s not..
If I were transiting the ICW up through Virginia and North, I would not have a pistol on board for example, cause while it may be OK in Fl where I left, I’m not so sure it is in New Jersey.

You decide if it’s worth the possible hassle, legal issues and maybe losing your home / Boat. Your transporting an illegal substance, isn’t that smuggling?

[Shrew]

Both US Customs and Border Patrol (UCBP) and US Immigration and Customs Enforcement (ICE) are part of US Homeland Security. It is those folks that are handling the border crossing, not the state. It doesn't matter whether the state you are crossing into allows it. It is the Federal Government that handles the border crossing. UCBP would hand off to the DEA for enforcement, and all will most certainly consider that the illegal smuggling of contraband.

Marijuana falls under "Other Schedule 1 Drugs" in regards to penalties:

Amount: Any/ 1 gram

Penalties:

First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs,
or more than life. Fine $1 million if an individual, $5 million if not an individual.

Second Offense: Not more than 30 yrs. If death or serious bodily injury, life imprisonment.
Fine $2 million if an individual, $10 million if not an individual.

###### REFERENCES ######

https://www.dea.gov/druginfo/ds.shtml

https://www.dea.gov/pr/multimedia-li...se.pdf#page=30

[zeehag]

still is not legal in usa federal waters. that is about 12 miles out. avoid us coast guard.

[Calif.Ted]

Technically it's still illegal to even cross a border between legal states, can't take California weed to Las Vegas and vice versa. Each state prohibits importation from another, enforcement across the Mojave Desert seems minimal.

[sagablu]

For some reason I have a craving for Ring-Dings

( for those outside the US, Ring-Dings are a small chocolate covered cake snack)

[Calif.Ted]

Originally Posted by sagablu

For some reason I have a craving for Ring-Dings

( for those outside the US, Ring-Dings are a small chocolate covered cake snack)

With or without ?

[Mike OReilly]

Again folks, this thread is not about the legality of weed in the USA, or even whether it’s legal to clear into the USA with cannabis on your boat. Clearly it’s not. If you do this, you break the (USA) law.

Crossing USA state boundaries is also another separate issue.

The issue here is that Canada will be legalizing (not just decriminalizing) recreational use of pot as of Oct. 17th. Canadian boats routinely transit American waters (Right of Free Passage), and occasionally get stopped by US water cops. And many American boats visit Canadian waters each year.

There will be a small percentage of both groups who will partake in da Whacky Weed. This will be perfectly fine and legal in Canada. But how will it be viewed by US border folks — this is the issue.