Don't Bogart that Joint... Eh!

[a64pilot]

Mike, You state it’s illegal, not be be sarcastic, but it would likely be viewed as being illegal. Be prepared to suffer the penalty if caught.
Which in my opinion is way out of wack to what it should be, but my opinion is irrelevant.
It is a schedule one drug, and the penalties for that are extreme, apparently.

Best to not have any of it on board, the risk far outweighs the reward it would seem.

If I were a Canadian Boat, in Canada, I think I would make darn sure I didn’t stray near the US border if I had it on board.

Of course a US flagged Boat can be boarded in any waters by the USCG, so best I guess to not have any on board a US flagged boat at all.

[a64pilot]

There are correlations of course, when I was in Kuwait and Korea I guess there are no copy-write laws, cause you could buy copies of any software you wanted for next to nothing, but get caught with it at the US border and that is not good.
I don’t see any difference here.

How long has it been legal in Amsterdam? Just don’t try to bring it across any border where it’s not legal and your fine. Same here?

[Shrew]

Originally Posted by 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.

You bring up a good an clear distinction, which I appreciate. The question I would have is....

If you're a Canadian flagged vessel and you have not checked out of Canada and also are not checking into the US, but traversing US waters between Canada and Canada, are you technically subject to US laws and regulations?

[CharlzO]

The only thing I see, at least in my stomping grounds, is that I wouldn't be rafting up with anyone in the middle of Lake Ontario after that goes into effect. I can see the USCG keeping peepers on any boat that appears to have crossed the border in the middle and back, just in case. While I certainly have no wish to partake in it, I do believe there'll be plenty of people that do want to, that are getting in an uproar. My personal take is that if you know the rules, why go around skirting as close to the line as possible just to prove a point, when you could just play it conservative in certain locations or situations and avoid an issue?

Hopefully they don't just get too overzealous.

[Mike OReilly]

Originally Posted by a64pilot

Mike, You state it’s illegal, not be be sarcastic, but it would likely be viewed as being illegal. Be prepared to suffer the penalty if caught.
Which in my opinion is way out of wack to what it should be, but my opinion is irrelevant.
It is a schedule one drug, and the penalties for that are extreme, apparently.

Best to not have any of it on board, the risk far outweighs the reward it would seem.

If I were a Canadian Boat, in Canada, I think I would make darn sure I didn’t stray near the US border if I had it on board.

Of course a US flagged Boat can be boarded in any waters by the USCG, so best I guess to not have any on board a US flagged boat at all.

Good point about US flagged boats. But are the USCG enforcing US law when stopping a boat in non-US waters? This seems untenable if the stop is in the waters of a foreign country.

And yes, it will be perfectly legal after Oct. 17 to have pot on board in Canada. It is also perfectly legal to transit the territorial waters of a foreign country without having to clear in as long as the transit includes no stops. There are plenty of laws that apply to one jurisdiction that don’t in the other (licensing/registering of dingys comes to mind). Yet no transiting boat is expected to comply with these local laws. So why would cannabis be any different?

Circles within circles.

Question: How do Canadian border patrol treat American transiting boats over the gun issue? I assume transiting American boats do so unfettered by Canadian law … but perhaps I’m wrong.

[Mike OReilly]

Originally Posted by Shrew

You bring up a good an clear distinction, which I appreciate. The question I would have is....

If you're a Canadian flagged vessel and you have not checked out of Canada and also are not checking into the US, but traversing US waters between Canada and Canada, are you technically subject to US laws and regulations?

Yes, this is exactly the question.

[a64pilot]

I flew the NWT years ago, and therefore brought a 12 Ga shotgun into Canada. Of course I was subject to both US and Canadian laws. Canada understood why I had the gun and used to anyway either require a firearm or highly recommend one in small aircraft flying the NWT. It was a matter of filling out paperwork prior to my arrival in Country and paying a fee.
Just don’t try it with a Pistol.

I’m pretty certain whatever country your flagged, you have to comply with the laws of that country whatever they are, regardless of where your boat is. Just am I’m pretty sure being flagged in another Country does not give you the right to not comply with the laws of the Country your in.

[a64pilot]

I would assume if your a US flagged vessel, in Canada whether transiting or not, and your stopped and have a pistol on board, your in trouble.
Maybe they won’t enforce it, but it’s my understanding that they could, your in their Country, you have to abide by their laws.

Similar thing with flying, you can leave the US and fly to Alaska and of course transit over Canada.
In this instance if you have engine trouble and land in Canada, you best contact the Mounties and if you have say a pistol, own up to it, and maybe you won’t lose it, maybe you will get to back when you leave.
But if your caught with it and you didn’t tell them about it, you can be in a world of hurt.

[Mike OReilly]

If I am transiting US waters, I do not have to have my dingy licensed, even though American boats do. A US boater transiting Canadian waters does not have to have an operators license, even though Canadian boaters do.

I’m sure we could come up with a myriad of similar laws and regulations. So why would cannabis be any different (or guns, for that matter).

To be clear, I’m specifically asking about boats that are transiting through, in this case USA waters. So they are going from Canada, through the USA, then back to Canada. No stops. This is a normal transit under international Right of Passage (one of the international laws the USA actually likes).

As for complying with the laws of your flagged vessel, no matter where it is — this seems problematic. What happens if the laws of the flagged country conflict with the laws of the country you’re currently in?

[a64pilot]

You have as I see it two options.
1. Be the test case. I wouldn’t unless a I had big support from someone else, nah, even then I wouldn’t.
2. Call the US CBP and ask. I bet you won’t get a definite answer, but you might, they might just have seen this coming and have been issued guidance.

[Adelie]

Originally Posted by 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.

Regardless of state laws about importation it’s interstate transport and the feds have jurisdiction.

[Pelagic]

I think that the weed issue will end up becoming the biggest headache for US boats returning from a summer trip up north as it plays out next year

The Feds will view this unilateral decision by Canada as a threat to their ability to combat marijuana smuggling and politically will want to prove their point!

Expect much more stringent searches and long delays when you cross South. Also Canadian boats may get even more planned scrutiny.

When the media reports on these delays, it will highlight the Feds position, that Canada's decision has put the US at risk.

I'm pretty sure that because yachts have considerable "bale capacity", they will be elevated to a high risk factor.

This could then become quite humorous as like minded boaters on both sides organize a Sumner Weed Regatta in the Gulf Islands (in conjunction with the Saturna Island lamb roast) and thumb their nose to the legal discrepancy.

It will be interesting to see what happens.

[magentawave]

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.

I think I read a few weeks ago that Trump told Sessions to "back the F off" from his pot fixation and to leave it up to the states - as it should be - as ALL things should be.

[model 10]

Not sure which way the smuggling would be going. There is more weed than you can shake a stick at in Oregon. There's a pot store on almost every corner in our town ($100 oz). It will be leagal in CA now too, WA is OK, AK is good. Canada probably has a growing season or lights so they won't need to smuggle.
The waiting area in the airport here, (MFR) has advertising all over the walls for a couple of different pot stores in town and TSA couldn't care less.

[a64pilot]

At $100 an oz, I wonder how much of that is tax, and I wonder what if anything is done to regulate it. I’m sure the local Pot farmer can’t sell his wares at the local Farmers Market.