Legal marijuana unwelcome onboard

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OFFICIAL PUBLICATION OF THE MICHIGAN CHARTER BOAT ASSOCIATION

SUMMER 2015

LEGAL MARIJUANA UNWELCOME ONBOARD

Marijuana Is Illegal Onboard Boats.
Never mind the fact that more than 20 U.S. states including Michigan have legalized mariju¬ana in some manner, U.S. federal law deems it illegal and dangerous, and a captain can have his license revoked if it is found onboard.
Whether medicinal or recreational, natural or synthetic, cannabis, also known as pot, is not allowed under the highest law of the land.
Cmdr. Gabe Somma, U.S. Coast Guard Dis¬trict 7 public affairs officer, explained several maritime ramifications of the drug.
Q. If marijuana is found onboard, can a vessel be seized or a captain's license be taken?
The Coast Guard enforces federal law, possession or use of marijuana or dangerous ****** for whatever purpose, remains illegal under federal law within all navigable waters of the U.S..
where U.S. Coast Guard law enforcement offic¬ers encounter personal use quantities of mariju¬ana, allegedly possessed in accordance with state laws which allow for personal possession for medical or other purposes, the Coast Guard Boarding Officer shall advise the individual that possession of marijuana, for whatever purpose, remains illegal under federal law."
Captains should anticipate that people may try to come onboard with cannabis. Any patient who claims to have been given a prescription actually has what is legally called a "written rec¬ommendation," he said.
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Somma: "Yes!. Under 46 U.S. Code of Feder¬al Regulations (CFR) 5.59, revocation of a mari¬ner's credential or endorsement is mandatory when a charge of possession, use, sale or asso¬ciation with dangerous drugs is found. Revoca¬tion is also mandatory if the mariner has been a user of or is addicted to a dangerous drug, or has been convicted for a violation of dangerous drug laws, whether or not further court action is pending and a charge is proved."
But in all cases, the federal government allows NO exceptions to prohibitions. That includes medical marijuana. That means if it is illegal with the feds, it is illegal with the USCG.
It is routine to confiscate cars for connections to drugs and those same laws will apply to yachts, charter boats and pleasure boats.
Q. What if the owner or a guest with ma¬rijuana has a prescription for it?
Somma: "During the course of a boarding
(Continued from page 1). . . Legal Marijuana
"A doctor can't use a prescription pad be¬cause writing prescriptions is linked to federal use," Many people may feel strongly about their right to use it and say that they are legal or in need. Many people think if the state has legal¬ized it then it is legal, but federal law hasn't changed."
Drugs are regulated through the Controlled Substances Act (CSA) and the U.S. Drug En¬forcement Administration (DEA) is in charge of enforcement. Under these laws marijuana is a Schedule 1 drug defined as having no accepted medical use and with a high potential for abuse.
The category includes heroin, LSD, ecstasy, methaqualone, morphine, codeine and peyote. The CSA does not recognize the difference be¬tween medical and recreational use of marijua¬na. ^S