By William C. Winslow
Got a little pot aboard your vessel, skipper? Get rid of it before it gets you in big trouble — a fine, forfeiture of your boat, and/or criminal prosecution.
Confused by my warning since states are tumbling over each other to make recreational or medical marijuana legal? Those laws stop at the water’s edge, as almost all navigable waters in the U.S. are under the federal government’s control. “Almost all” includes the entire coastline of the U.S., any river that can float a boat, the Great Lakes, and most made-made recreational waters like the Lake of the Ozarks — that’s a lot of waterways where you can get busted.
As of this writing, and despite some proposals to the contrary, Uncle Sam classifies cannabis (marijuana) as well as LSD, peyote, methaqualone, and “Ecstasy” as Schedule I drugs that are illegal to possess. Therefore, if you are subject to federal boating laws requiring such safety equipment as life jackets, navigation lights, flame arrestors, and sound signals, you are under federal jurisdiction that prohibits you from possessing a substance classified as illegal.
Denying one’s self the enjoyment of a mood enhancer because it’s illegal is not always the case among regular and recreational pot smokers. But boaters should be aware of the safety concerns associated with indulging before or during a boat trip. According to the National Institute on Drug Abuse, marijuana significantly impairs judgment, motor coordination, and reaction time. Therefore, you won’t be at your best while at the wheel, thereby posing a danger to yourself, others aboard, and your boat. Additionally, you are imperiling others who happen to be in the vicinity of your vessel while you are operating under the influence.
What are the consequences of partaking of pot while on the water? In all states, the laws are the same when it comes to boating under the influence (BUI), whether it’s alcohol, cannabis, or any other intoxicant — you’re subject to arrest and criminal prosecution. When it comes to the U.S. Coast Guard, the nation’s waterways cop, a patrol doesn’t need a warrant or even a suspicion to board your boat. If they find weed and/or determine you are boating under the impairing influence of something, they can fine you, take your boat, and/or send you to jail. Neither “It’s legal to have it in my state” nor “I need it for medical purposes” constitute a defense to a federal narcotics violation nor to BUI prosecution.
No matter the state of your state on pot, it’s not something that belongs on your boat. Consider yourself warned.
The author is the Division 5 – Staff Officer Public Affairs, First District Southern Region, for the U.S. Coast Guard Auxiliary, the all-volunteer, non-military arm of the Coast Guard, teaching boating safety education and conducting search and rescue operations. Visit http://cgaux.org/ to join the Auxiliary or for class information.
