Californians’ pot still illicit in agents’ view
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, federal agents said.
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 from Mexico, are considered a final line of defense against arrivals 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 2013 to fiscal 2016 involved an ounce 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 involving cones and signs that appear for brief
periods.
Ronald Vitiello, acting deputy commissioner of the 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 crimes 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 and has many more agents.
The state and federal 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 took.
At highway checkpoints, Border Patrol agents look for signs of nervous drivers, like clutching steering wheels, avoiding eye contact and interrupting when passengers are asked to state their citizenship. Some panicked drivers make U-turns when they spot the checkpoint, a dead giveaway.
The government faces push-back over checkpoints. Some residents complain about delays and trespassers trying to circumvent checkpoints — with some even dying from heat and exhaustion. Agents say a checkpoint on Interstate 5 between San Diego and Los Angeles can cause a 4-mile backup in 90 seconds during peak hours.
Motorists who consider checkpoints a privacy invasion steadfastly refuse to answer questions, and post their encounters on YouTube.
Border Patrol officials insist they are effective. Without them, Vitiello said, smugglers would have open passage to cities such as Phoenix and Albuquerque, N.M., once they pass the border.
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 they 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 but acknowledged the government has the authority.
“The bottom line is, there’s absolutely no protection against federal interaction when it comes to adult use,” he said.
Meanwhile, marijuana companies were enjoying a stock market boost as California rolls toward recreational legalization.
The BI Canada Cannabis Competitive Peers index had its best day ever on Wednesday, as Californians prepare to light up, or eat up, marijuana products starting Monday. Among those reaching intraday records were Canopy Growth Corp., Cronos Group Inc., and producer Aphria Inc.
Some companies are creating multinational franchises, RBC analyst Nik Modi said this month. Green House Brands North America has a joint venture in Canada with Canopy Growth and Organa Brands, which sought to invest in cannabis brands in the U.S.
There is overlap among the alcohol, tobacco and cannabis industries, AdvisorShares Investments Managing Director and Chief Operating Officer Dan Ahrens said in a Bloomberg TV interview, with mergers and acquisitions or “at least” joint ventures likely.