This article was originally published on the Marijuana Patients Organization site on August 27, 2013.
The MPO reads several emails per day, many from patients with legal questions. Since it is Summer and we found the following question interesting, we will attempt an answer below.
Is it legal for me to have my medical marijuana on my boat? Do not have a trunk or when I read the new Michigan law on driving with marijuana it only talks about land vehicles. Just want to be safe and we spend a lot of time on our boat like a lot of Michigan patients.
Earlier this year the Michigan Legislature enacted new statutes that gave instructions for traveling with medical marijuana, and specifically where the medicine needs to be stored while driving. Attorney Neil Rockind outlined the new law changes in a previous article. Read Here>>
Here is how the statute reads:
Sec. 474. (1) A person shall not transport or possess usable marihuana as defined in section 26423 of the public health code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is 1 or more of the following:
(a) Enclosed in a case that is carried in the trunk of the vehicle.
(b) Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk.
(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
It would appear the intent of the Legislature was to discourage automobile drivers from consuming while on the road. The clear language would suggest the statute would not apply to boat owners. Common sense, your boat’s operating manual or application from case law could indicate that driving a boat while high may be dangerous or illegal.
Since your boat can be considered a ‘homestead or residence’ in Michigan, a patient or caregiver could technically grow and consume marijuana on board, under protections of the Michigan Medical Marihuana Act. This also opens the door for questions like: “What about seasonal RV’s?” “Does the car need to be in motion or not?”
Opponents point to the haziness of our law, I disagree. The language in this statute enacted by the Legislature leaves a lot to wonder and leaves many in danger. Perhaps the State will clarify its intent of this law.
It is alcohol and boats that are deadly. Marijuana has not killed one person or boater.
What about navigable waters that are under federal law?
I want to be sure or are you only talking about inland lakes in Michigan because what I hear if you boat or cruise the Great Lakes and there inlets all come under Homeland Security (USCG) and you could end up boat-less after going in front of a federal judge.