High Seas: Coast Guard Enforces Federal Pot Laws

Smoking pot in Seattle is okay, and smoking pot on an island off the coast of Seattle is okay too, but smoking marijuana on a boat as you ferry from Seattle to the island is illegal. Let me explain.

Even when a state, like Washington, legalizes marijuana, navigable waters fall under the jurisdiction of the Coast Guard—and the Coast Guard follows federal law, which states that pot is illegal.

In an email to the Portland (Maine) Press Herald, U.S. Coast Guard Petty Officer and spokesman Andrew Barresi said:

"The Coast Guard enforces federal laws within all navigable U.S. waters. This means that in all marijuana cases, Coast Guard law enforcement officers will enforce federal law, even in states which have legalized it. Federal law has not changed, so our enforcement of that law has not changed."

As reported by the Herald, "Baressi said the Coast Guard will board boats on international, federal and state waterways for the purpose of ensuring the safety and security of the boating community." If the Coast Guard officers find “personal use quantities of marijuana” that are “allegedly possessed in accordance with state laws,” the individual will be informed that “possession of marijuana, for whatever purpose, is still illegal under federal law,” Baressi said.

Recreational pot is legal in Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington. Colorado is the only state not patrolled by the Coast Guard, as Nevada’s Lake Tahoe comes under the federal department’s jurisdiction. Lt. Cmdr. Jeff Bryant, the enforcement chief for Maine, New Hampshire, Lake Champlain and parts of New York, acknowledged the inherent confusion the current fed-vs-state laws create: Confusion he said he experienced during his previous post in Washington state, which legalized pot in 2012.

"It gets kind of tricky with the ferry systems and the islands," Bryant said, referring to New England. “When they’re on the islands, they could possess (marijuana), just like” on contiguous land. “Washington has a huge ferry system, a lot of islands, and people wanted to bring their marijuana out to the islands, where they live and vacation, but once it got on the ferry system, it became illegal.”

Baressi said that if Coast Guard officers find marijuana during a boarding, they’ll seize and destroy it.

"They might think it’s legal and their property, but it’s not," the spokesman said.

Boating under the influence of any substance, medicinal or not, remains a criminal offense. While the typical penalty for possession of pot is a fine, Baressi said anyone caught piloting a boat while high would be charged criminally "because we know it’s deadly."

Should the Coast Guard respect the laws of the state? Or should marijuana smokers respect the laws of the federal government? Tell your reps, and comment below.

--Josh Herman