Living in Florida and being part of the boating community, it was a given that boats and alcohol ran hand in hand. Put another way; if you love to boat, chances are you love to drink. But here of late, I have been bombarded with requests about smoking weed while on charter. Is weed the new alcohol? In my world it seems to be.
Yes, in my distant past I tried weed; and “yes,” I even inhaled. But for some reason, I never could see the attraction of smoking the green that so many of my friends and acquaintances possess. Later in life, I learned that my body doesn’t metabolize weed in the way most do. In fact, there is more about weed I don’t like, than do. However, I am very 420-friendly; and for many reasons. Coupled with the fact that I don’t care, judge or mind if someone else wants to smoke around me. But all my caring and minding stops when you board a boat that I am captaining.
“Hey Captain…Can we smoke weed?” has replaced “Does this boat have Bluetooth?” as the most popular question I get as a yacht charter captain. What is with getting high while on a boat? Which brings me back to boats and alcohol; and is weed the new alcohol?
Florida is a medicinal-use State for marijuana. I would even go as far to say that unless you are transporting, distributing, high as a kite while behind the wheel or just a plain “dick” to the officer, most law enforcement when conducting a violation or safety stop will politely ask you to throw away your weed and direct you to keeping your weed-smoking in the privacy and safety of your own home.
As of this writing, marijuana is still considered by the DEA (Drug Enforcement Agency) to be a Schedule I narcotic. Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or “schedules.” Depending upon the drug’s acceptable medical use and a drug’s dependency potential are just some of the determining factors in drug scheduling. Marijuana is in the same category as cocaine, heroin, LSD, shrooms, ecstasy and Quaaludes.
Question: “Captain…Do you allow smoking weed on this boat?” Answer: “I am sorry to tell you that illegal drugs or drugs without a valid prescription are not allowed on this vessel.” “But Captain, weed is legal in Florida! Response: “I am sorry to tell you that in Florida, you must have a valid prescription for marijuana.“ “Unfortunately vessels on US waterways are subject to Federal Law and marijuana under Federal law is illegal.”
At that point, I have just “shitted” on my Charterer’s perfectly planned boat experience.
“C’mon Cap, all the other captain’s let me do it! Response: “I am not other captains.” “Ill give you $1000.00 if you just look away!” Response: “If I see it or smell it, I will be forced to turn this Yacht around and the charter ends with no refund.
“GAWD;” as a Yacht Captain, that is the conversation that I experience the most…And, the one I HATE the most. I hate being the “bad guy!” I don’t care or judge if someone smokes weed! But; I must care when you bring weed on board any boat I am captaining.
And here is why…
Law enforcement at the Federal level still considers marijuana as a Schedule I narcotic. And when I say Federal Law enforcement; of course, I am referring to the United States Coast Guard (USCG).
Most people don’t realize that even before the vessel leaves the dock, if its sitting in water, it is under federal jurisdiction; this includes all vessels in lakes, rivers, inland and coastal waters. The USCG may board any vessel, to make inquiries, examinations, inspections, searches, seizures, and arrests for the prevention, detection, and suppression of violations of U.S. laws.
Two words need to jump out at you; and, knock some sense into you! Those two words are “seizures” and “arrest.”
Whether you are a licensed captain, or simply operating a boat; “you” are the captain. And the captain is the one held responsible; period. Even if you are the designated driver after a day of drinking on your friend’s boat, you are the captain; therefore, you are responsible.
If the USCG finds marijuana on a person, passenger’s person or on the vessel, it is no different than the local or State police finding that “baggie” of heroin residue that was left in the glove box. If weed is found on a vessel, the USCG “can” seize the vessel; regardless who owns it! If weed is found on a passenger, they can be detained by the Coast Guard until the proper authorities arrive; leading to a arrest felony possession of a schedule 1 narcotic.
If weed is found on a vessel, the USCG “can” arrest the Captain (and seize the vessel); regardless if he/she is a designated driver for the day or a professional captain who is clean as a whistle.
Why in the world would I risk my profession, vessel, and love of being a Captain, just because someone wants to get high on a sunset cruise listing to their favorite hip-hop tune.
I hate being “that captain,” and I equally hate having the “no weed” conversation with my charterer and their guests. But as a professional captain, I must ensure that the vessel I am responsible for is abiding by all local, state and federal laws.
Don’t hate the Captain…hate the laws we must abide by.
A final word…
In my career, I have made many acquaintances with people who are in or work closely with the USCG. I have had the “weed” and “coke” talk with them. In most cases, the USCG “may” simply ask you dispose of the illegal substances overboard and go on about your day. Of course, this doesn’t include finding large amounts, finding a captain that is using, responding to a boating accident; and yes, being a “dick!”
Not all USCG personnel act in the same way. Coast Guard personnel are given parameters to operate. Some may be sticklers for the law and are just looking at a chance to seize a boat; and others simply want compliance and not ruin someone’s life over a lapse in judgment. It all depends; and since there is no certainty on which Coast Guard shows up…I am not taking that chance.
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