STATEWIDE — The dawn of 2018 was met with relaxed excitement by California’s marijuana supporters, as recreational cannabis use became an accepted activity under state law. Lighting up a joint within California came with certain qualifiers and restrictions, to be sure, but recreational marijuana use is no longer fully prohibited.
Legalizing marijuana on land is one thing – what does California’s new policy mean for boaters?
Marijuana, to be fair, remains illegal at the federal level, which could pose issues for anyone who wants to light up a joint while aboard a boat or personal watercraft. Federal laws are generally applicable on all navigable waters. The Coast Guard, accordingly, can supersede California law and would be within its perfunctory duties to board your boat if they suspect marijuana or other drug use.
A reader-submitted letter to The Log’s editor asked: What does California’s new marijuana policy means for boaters?
“With marijuana being legal for recreational use, I can see that it would be easy for skippers and crew to believe this is no big deal assuming one would not operate the boat [while] impaired,” the reader stated in his letter. “What does that mean since there appears to be no test to determine impairment,...
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4 Responses
My concern in regards to the new law is the second hand smoke issue while in the slip, among other things. Per the San Diego Harbor Police there is nothing regarding second smoke in the new law. This is what was sent to me by the above law enforcement agency. “When it comes to vessels, if they are in a slip and plugged in, they are technically at that point not a mobile conveyance. If you are living aboard that vessel, it is your home. One is allowed to smoke inside their home or even on a patio or open area within the home / boat. Unfortunately, there is no laws regarding second hand smoke when it “permeates” next door.”
Your article is misleading and could get lots of boaters in trouble. Under FEDERAL LAW pot is still illegal! Once you pull away from the dock in a USCG jurisdiction they can and will pull you over, arrest and charge you under FEDERAL LAW for the possession, use and trafficking of a class 1 drug. You could face heavy fines, prison and confiscation of your boat. Is it worth it? Until this issue gets fixed with the feds the best thing to do is leave the pot in your car. I also state to my guests to leave it on shore or they don’t go.
Hello, thanks for the comment. The third paragraph does state marijuana is illegal under federal law and USCG can board your vessel. And yes, you are right, anyone on water observed with marijuana by the USCG can be pulled over and potentially charged.