Dayton Daily News

As California legalizes pot, laws collide at U.S. checkpoint­s

- By Elliot Spagat

PINE VALLEY, CALIF. — California legalizes marijuana for recreation­al use Monday, but that won’t stop federal agents from seizing the drug — even in tiny amounts — on busy freeways and backcountr­y highways.

Marijuana possession still will be prohibited at eight Border Patrol checkpoint­s in California, a reminder that state and federal laws collide when it comes to pot. The U.S. government classifies marijuana as a controlled substance, like heroin and LSD.

“Prior to Jan. 1, it’s going to be the same after Jan. 1, because nothing changed on our end,” said Ryan Yamasaki, an assistant chief of the Border Patrol’s San Diego sector. “If you’re a federal law enforcemen­t agency, you uphold federal laws.”

The checkpoint­s, located up to 100 miles (161 kilometers) from Mexico, are considered a final line of defense against immigrants who elude agents at the border. They also have been a trap for U.S. citizens carrying drugs, even tiny bags of marijuana.

About 40 percent of pot seizures at Border Patrol checkpoint­s from fiscal years 2013 to 2016 were an ounce (28 grams) or less from U.S. citizens, according to a Government Accountabi­lity Office report last month. California’s new law allows anyone 21 and over to carry up to an ounce.

The Border Patrol operates 34 permanent checkpoint­s along the Mexican border and an additional 103 “tactical” stops, typically cones and signs that appear for brief periods.

Ronald Vitiello, acting deputy commission­er of parent agency Customs and Border Protection, called drug seizures an “ancillary effect” of enforcing immigratio­n laws. Motorists typically are released after being photograph­ed and fingerprin­ted. They generally aren’t charged with a crime because prosecutor­s consider them low priority.

The clash between state and federal marijuana laws played out on a smaller scale near the Canadian border in Washington after that state legalized marijuana in 2014. California is a far busier route for illegal crossings with many more agents.

State and federal marijuana laws have conflicted since California became the first to legalize marijuana for medical use in 1996. Next week, California will be among seven states and Washington, D.C., with legal recreation­al pot.

U.S. Attorney General Jeff Sessions, a staunch opponent of legalizati­on, said last month that he was taking a close look at federal enforcemen­t, suggesting a tougher stance than President Barack Obama’s administra­tion.

One recent morning on westbound Interstate 8 about 40 miles east of San Diego, an agent standing outside a booth under a large white canopy stopped drivers for a few seconds to ask their citizenshi­p or waved them through after peering inside.

In about an hour, three raised enough suspicion to be ordered aside for a thorough vehicle search.

A dog discovered a marijuana stash about the size of a thumbprint inside the pickup truck of a man with Arizona license plates who was taking his elderly uncle to a hospital appointmen­t. It would have taken up to an hour to process the arrest, so agents released him after seizing the pot and warning it was illegal.

“I didn’t know that, sorry,” the driver said, walking to his truck.

The U.S. Supreme Court ruled in 1976 that agents can question people at checkpoint­s even without reason to believe anyone in the vehicle is in the country illegally and don’t need a search warrant.

Michael Chernis, an attorney who represents people charged with marijuana crimes, believes checkpoint seizures are a waste of resources. “

There’s absolutely no protection against federal interactio­n when it comes to adult use,” he said.

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 ?? ELLIOT SPAGAT / AP ?? A drug-sniffing dog discovers a small amount of marijuana in a bag at California’s Pine Valley checkpoint, on the main route from Arizona to San Diego.
ELLIOT SPAGAT / AP A drug-sniffing dog discovers a small amount of marijuana in a bag at California’s Pine Valley checkpoint, on the main route from Arizona to San Diego.

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