Post-Legalization Collision of State and Federal Jurisdiction at California Checkpoints

December 28, 2017, California

Even though adult-use cannabis will be legalized from the coming Monday, but that doesn’t mean people traveling on highways and freeways in California will remain safe from the wrath of federal administration who still classify cannabis with the likes of LSD and heroin. So keep in mind, cannabis possession will remain illegal at all the eight border patrol checkpoints in the state.

According to a Border Patrol official from San Diego Sector, nothing is going to change at these checkpoints even after legalization. It is interesting to note that nearly 40% cases of marijuana seizures at these checkpoints in last four years involved less than an ounce of possession which is going to be legal for Californian adults 21 and above.
As per the deputy commissioner of Customs and Border Protection agency, these cannabis seizures are a part of implementing immigration laws. US citizens caught with small possessions are released right after small background check and without getting charged.

The same clash between federal and state jurisdiction was seen at the northern border when Washington legalized adult-use cannabis three years ago. But we all know Californian border remains more active throughout the year.
There is a long history of collision of federal and state laws of California. It started when the state legalized MMJ 21 years ago. From the next week, California will be among seven US states to have legalized adult-use cannabis.

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Jeff Sessions, the US attorney General, is famous for his crusade against the legalization of cannabis. He has repeatedly said that he is going to have more extensive look on the implementation of federal laws in legalized states.
People have raised questions on the efficiency of Border Patrol where they waste significant amount of commuters in investigating them for nothing.

Some quarters also think that the unnecessary interrogations from interstate border patrol also cause long traffic backups. During peak hours, a four-mile traffic backup can happen between San Diego and Los Angeles within one and a half minute due to a checkpoint. Residents in the adjacent areas are also fed up of these avoidable traffic jams.

On the other hand, Border Patrol personnel think their stationing at these checkpoints is necessary to curb the smuggling from across the border. If it weren’t for them, the smugglers would have easily travelled to New Mexico, Phoenix and Albuquerque.

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Forty years ago, the Supreme Court of the country allowed federal agents stationed at checkpoints to have a comprehensive search of vehicles even without needing any search warrant. They can stop and waste time of any commuter at a whim and without any concrete reason.

Michael Chernis is a lawyer who mostly provides legal defense to the people charged with cannabis offenses. He is of the thought that minor cannabis seizures at checkpoints only consume valuable government resources and nothing good comes out of it. He also admits that no one can do anything when things get into the ambit of federal laws.

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