• 3
1 1
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?

  • Like 1

Share this post


Link to post
Share on other sites

13 answers to this question

Recommended Posts

  • 0
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

Share this post


Link to post
Share on other sites
  • 2

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

Share this post


Link to post
Share on other sites
  • 1
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.

 

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

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

  • Like 2

Share this post


Link to post
Share on other sites
  • 0

As an update - with a Canadian perspective - I recently attended Operation Pegasus Jump 2023 at Campbell River, B.C. Canada. Most of the attendees were retired military types. Back when we served, marijuana was strictly illegal. If the military police ever caught you smoking marijuana, hashish, crack, etc. they would arrest you and send you to jail. After release from jail, you would get a dishonorable discharge which would make it impossible to get any gov't job after that.

Fast forward to 2023 and Op. Pegasus sponsors included several cannibbus dispensaries. Veterans' Affairs will cheerfully mail THC to you if your medical doctor prescribes it for PTSD, insomnia, depression, etc. Most nights, I chew on a CBN gummy to help me fall asleep.

During Op Pegasus, organizers announced that consumption of alcohol or other recreational drugs had to wait until the last jump-plane took off in the evening. Participants were mature enough to respect that rule. 

After the last airplane took off, several cracked a beer or lit a (marijuana) joint on airport property. I only drank near-beer, because that is all that I can handle these days.

One of the reasons that I left the Canadian Armed Forces was that I was struggling with all the legal recreational drugs: caffeine, nicotene and alcohol, but smoking a bit of marijuana or hashish on weekends. It took me a few more years to quit drinking alcohol, but I am still addicted to caffeine.

In the end, I have nothing but contempt for most rules written about recreational drugs. I just don't drink or smoke within smelling range of police. I just know that some us can handle recreational drugs, while others of us cannot handle recreational drugs. Some of us are wise enough to quit recreational drugs before they kill us.  

I have ven less respect for the politicians - mostly lawyers - who write drug laws.

Share this post


Link to post
Share on other sites
  • 0
On 2/22/2019 at 11:27 AM, fastfaller2 said:

.... state law largely trumps federal law in most contexts, ....

Um, no. But just the opposite of that is true, so you were close.

(OK, back to just lurking.)

Share this post


Link to post
Share on other sites
  • 0
On 2/22/2019 at 8:27 AM, 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. 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.

Hi 2,

As Andy 9o8 put it above:  Um, no. But just the opposite of that is true, so you were close.

Jerry Baumchen

PS)  Could you show us even one instance where state law trumps federal law?  Not conjecture, but factual.

 

Share this post


Link to post
Share on other sites
  • -1

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.   

  • Like 2

Share this post


Link to post
Share on other sites
  • -1
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.

  • Like 1

Share this post


Link to post
Share on other sites
  • -1

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. 

Share this post


Link to post
Share on other sites
  • -1
On 4/21/2019 at 9:50 PM, Jak3slice said:

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. 

Once I tried a skydive after smoking a joint with another jumper. We stepped out of the Skyvan and flopped around the sky, What a waste of a jump ticket!

Share this post


Link to post
Share on other sites
  • -2

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. 

  • Like 1

Share this post


Link to post
Share on other sites
  • -9

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.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

1 1