Pubdate: Wed, 27 Dec 2017
Source: Los Angeles Times (CA)
Copyright: 2017 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248

FEDERAL AGENTS CAN STILL SEIZE MARIJUANA AT CALIFORNIA CHECKPOINTS 
DESPITE LEGALIZATION

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.

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 immigrants 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% of pot seizures at Border Patrol checkpoints from fiscal
years 2013 to 2016 were 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.

San Diego expects to get a windfall of new revenue from the city's tax
on recreational marijuana sales that begin Monday, but officials
concede they are taking guesses at how many millions per year the tax
will generate.

San Diego expects to get a windfall of new revenue from the city's tax
on recreational marijuana sales that begin Monday, but officials
concede they are taking guesses at how many millions per year the tax
will generate.

The Border Patrol operates 34 permanent checkpoints along the Mexican
border and an additional 103 "tactical" stops, typically cones and
signs that appear for brief periods.

Ronald Vitiello, acting deputy commissioner of 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 a crime 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 with many more agents.

State and federal marijuana 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. Atty. Gen. 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 during President Obama's
administration.

At highway checkpoints, Border Patrol agents look for signs of nervous
drivers, like clutching steering wheels and avoiding eye contact and
interrupting when passengers are asked to state citizenship. Some
panicked drivers make a U-turn when they spot the checkpoint, a dead
giveaway.

California's legal pot market opens for business on Jan. 1. The day
will be a milestone, but what exactly will happen then and,
especially, in the weeks and months to come is unclear.

One recent morning on westbound Interstate 8 about 40 miles east of
San Diego, an agent standing outside a booth under a large white
canopy stopped drivers for a few seconds to ask their citizenship or
waved them through after peering inside.

In about an hour, three raised enough suspicion to be ordered aside
for a thorough vehicle search.

A dog discovered a marijuana stash about the size of a thumbprint
inside the pickup truck of a man with Arizona license plates who was
taking his elderly uncle to a hospital appointment. It would have
taken up to an hour to process the arrest, so agents released him
after seizing the pot and warning it was illegal.

"I didn't know that, sorry," the driver said, walking to his truck
after waiting on a bench a few minutes while the dog searched.

The animal sniffed something in another car but found nothing in the
seats or trunk. The apologetic driver said she smoked marijuana a week
earlier, implying the odor lingered.

The Pine Valley checkpoint, amid oak- and chaparral-covered mountains
on the main route from Arizona to San Diego, gets busy with drivers
returning from weekend getaways but is less traveled than others.

Agents say a checkpoint on Interstate 5 between San Diego and Los
Angeles can cause a four-mile backup in 90 seconds during peak hours.

The government faces pushback over checkpoints. Some residents
complain about delays and trespassers trying to circumvent checkpoints
- -- some even dying from heat and exhaustion. Motorists who consider
them a privacy invasion steadfastly refuse to answer questions and
post their test encounters on YouTube.

Border Patrol officials insist they are effective. Without them,
Vitiello said, smugglers would have open passage to cities like
Phoenix and Albuquerque, N.M., once past 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 that 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 is empowered.

"The bottom line is, there's absolutely no protection against federal
interaction when it comes to adult use," he said.

Earlier this year, the air board issued a new advisory that emphasizes
design rather than distance, recommending anti-pollution features such
as air filters, sound walls and thick vegetation as "promising
strategies" to reduce the health risks from freeways.

Earlier this year, the air board issued a new advisory that emphasizes
design rather than distance, recommending anti-pollution features such
as air filters, sound walls and thick vegetation as "promising
strategies" to reduce the health risks from freeways.
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MAP posted-by: Matt