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BIGUN

THC & Dropzones

Question

If a dropzone is on a federally subsidized airport, but in a state where THC is recreationally legal; can the DZO be arrested for allowing cannabis on the DZ location?

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11 hours ago, fastfaller2 said:

Federal law prohibits marijuana as an illegal substance and while state law largely trumps federal law in most contexts, airports are another matter.

 State law is completely meaningless in federal court and the feds operate under federal jurisdiction enforcing federal laws (hints the name). In theory, if the FBI or DEA found out that people are selling, smoking and otherwise possessing weed on a federal airport (or a state, county or private airport for that matter), there is jack shit the state could do to stop them from coming in, arresting everyone and charging them with federal drug related crimes and send them to a federal court for dispossession. Would that happen? Not super likely, but for example the DEA and FBI has and continue to conduct drug raids in 100% weed-'legal' states like Colorado. They are not really out busting people for possession, but they do on a regular basis arrest people for growing without a license in conjunction with other crimes regardless of what the state law says.

So can the DZO be arrested? Absolutely. The police can arrest you for just about anything they want.

 

https://www.denverpost.com/2018/08/09/denver-marijuana-grow-raids-dea-fbi/
 

Edited by Westerly

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2 hours ago, BIGUN said:

If a dropzone is on a federally subsidized airport, but in a state where THC is recreationally legal; can the DZO be arrested for allowing cannabis on the DZ location?

How would the Feds know? A we talking fun jumpers at night, or are we talking about tandem students and observers during the day.

If jumpers are the jumpers dealing on the property, storing quantities that would attract attention? Are they using it discretely, or are they being assholes and drawing negative attention?

If it was my business I would make it clear that at minimum there is no substance consumption on the premises by any time during operating hours.

 

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"…while state law largely trumps federal law in most contexts..." .   Nope.  Bad info.

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3 hours ago, BIGUN said:

can the DZO be arrested for allowing cannabis on the DZ location?

As far as I know there are laws against possessing or trafficking cannabis. There are no laws against "allowing" cannabis. So the answer would be no, because the DZO would not be breaking any law, Federal or State.

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I'm not sure you can stop it on a DZ since the THC vape pens don't look any different than normal vape pens. They also don't smell like a joint does. I think it's like alcohol at the drop zone bar.  If you drink you are done for the day and most skydivers will police that if they see you with a beer.  THC needs to be the same way.  I see them coming out at the end of the day like beers and I don't think that is bad.  It just needs to be properly self policed so that people are not smoking and jumping.  Same goes for just about any "legal" but gray area substances like pain killers

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I would suspect any DZO with any sense would restrict its use on the DZ. the pilot walking by and getting a snoot full of a weed cloud and a surprise piss test and they get their ticket pulled. Not worth the risk to the DZ and pilots and TI. 

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Off topic kinda but the drop zone I’ve been taking student jumps at always smells like bud  dew to the fact that right next to the hangers is a large legal grow op. I’m in Wa where bud is kinda a norm but I’d hate to smoke and jump, I get paranoid enough sober but that’s just me. 

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State law doesn't largely trump federal law, the supremacy clause contradicts that. 

It probably would come down to what you mean by allow.  If they have a sign that says weed friendly DZ, probably not a smart idea, but if they just aren't kicking people off that smoke in their tent/trailer, I doubt the feds would bother.  They would have to do something to get the feds attention and have some kind of active hand in the whole thing.   

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Federal law prohibits marijuana as an illegal substance and while state law largely trumps federal law in most contexts, airports are another matter. Beyond the security checkpoint at any airport in the country, federal law rules.These smoking areas are public areas for smoking of tobacco products, not marijuana. Also, the states that do allow the consumption of marijuana typically prevent users from doing so in public view, including areas where the public is allowed to smoke of tobacco products.

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