Legal Question in International Law in Missouri

Maritime Drug Law

In the past casino's got around anti-gambling laws by staying in the Missouri river making them subject to maritime law. I was wondering if a boat could be fashioned as a hash house; selling marijuanna but containing its use to onboard ship. I read the maritime drug law enforcement act and it seemed to me that as long as vessel was under a foreign registry of a foreign person where the drug was legal this would be possible. So long as it was not distributed or manufactured outside of the vessel it would be lawful. The language was complex however and I wanted to seek clarification before coming up with ideas about business ventures. Additionally, would someone of Native American descent qualify as a person of foreign registry?


Asked on 12/30/07, 12:41 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Maritime Drug Law

Yeah, if your floating hash house was dispensing peyote (for religious purposes, of course) on the broad waters of the Missouri river rather than "may Jane", and registered to a denizen of the Cherokee Nation, your proposed scheme might be safe from federal raiders(whose juridiction is basically any navigable water).

However, for any other drug on the federal register of controlled substances, including marijuana, such an operation would without a doubt be quickly shut down and its operatives,

"sent down the river", so to speak, in federal custody. (And, no, a citizen of the United States who also happens to be an enrolled member of a recognized Indian nation is not likely

to qualify as a person of foreign registry for any purpose under American law, including the one you mentioned.)

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Answered on 12/31/07, 7:12 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Maritime Drug Law

Yeah, if your floaing hash house was dispensing peyote (for religious purposes, of course,) on the broad waters of the Missouri river rather than "Mary Jane", and registered to a denizen of the Cherokee Nation, your proposed scheme might be safe from federal raiders(whose jurisdiction is basically any navigable water).

However, such an enterprise involving any other drug on the federal register of controlled substances would undoubtedly be quickly shut down and its operatives "sent down the river", so to speak, in federal custody. (And, no, a citizen of the United States who also happens to be an enrolled member of a recognized Indian nation is unlikely to qualify as a "person of foreign registry" for any purpose in American law, including the one you mentioned.)

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Answered on 12/31/07, 7:59 am


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