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-   -   BVI laws (http://www.sailnet.com/forums/chartering/96653-bvi-laws.html)

SteveInMD 02-15-2013 10:19 AM

BVI laws
 
I'm going to be helping some friends out by serving as captain for a charter boat for them in the BVI. I was surprised by the question from them about obtaining some marijuana while there. I said it's not my thing and didn't really want it on the boat, but what they do on land is their decision. I'm not looking to judge them, or debate using pot, but I would just like to know the laws. What are the rules? Are they different on land vs on the boat? If they decide to bring it on board anyway, am I responsible?

Tim R. 02-15-2013 10:24 AM

Re: BVI laws
 
Wow, with friends like that...

They should leave the ganga smoking at home. If they really need it, they should obtain and use on shore and not bring it to the boat. I cannot imagine the law being favorable to foreign citizens.

I have plenty of friends who partake and I have absolutely no problem with that. But I know they would not put me at risk by doing something like this.

This is what Wiki says: Marijuana is very frowned upon by authorities, so much so that immigration and visitation by Rastafarians was once regulated by legislation in the BVI. Being caught with even a small personal amount of marijuana will almost certainly lead to a stiff fine usually in the region of US$1,000 and instant deportation.

msmith10 02-15-2013 10:45 AM

Re: BVI laws
 
I sure agree with Tim. Tell them "This is the BVI,s... Rum is the thing." Even if they do it on shore, they'll be tempted to bring a little back to the boat. It isn't worth it.

chucklesR 02-15-2013 10:51 AM

Re: BVI laws
 
Not to mention if they are caught with it on the boat the boat can be seized, just like here.

Guess who pays for the boat being seized?

That's right, you do. Loss of property and loss of income. Look at the contract. Then DE-volunteer unless you trust them with your personal savings.

SteveInMD 02-15-2013 10:54 AM

Thanks for your reply. They're not bad people. If I say not onboard I beleive they will respect that.

If it's not this trip it could happen another time so I want to know where I would stand as captain in the BVI. I know the rules in the USA and have no problem making my rules clear if I think there might be a problem with someone.

Based on the information in your post, if someone were caught onboard with pot it would be their problem alone, and not mine. Could this be correct?

SteveInMD 02-15-2013 11:07 AM

Thanks chuckles - I missed your post while I was typing. Thats good information I can mention just so everyone knows the stakes.

Anything on my legal exposure?

Anyone have a reference to the regulations?

Cruisingdad 02-15-2013 01:48 PM

Re: BVI laws
 
Quote:

Originally Posted by SteveInMD (Post 990514)
Thanks for your reply. They're not bad people. If I say not onboard I beleive they will respect that.

If it's not this trip it could happen another time so I want to know where I would stand as captain in the BVI. I know the rules in the USA and have no problem making my rules clear if I think there might be a problem with someone.

Based on the information in your post, if someone were caught onboard with pot it would be their problem alone, and not mine. Could this be correct?

As captain, I am not sure that is the case. And how much are they going to have aboard? At some point you go from user to seller based upon quantity, right?

Honestly, that might be a lawyer question and I wouldn't take anything from someone on Sailnet as advice - and I do not mean that meanly. It's just that could have serious implications and you need solid legal advice on that one.

My opinoins.

Brian

PS On a lighter side, have you considered suggesting they charter in Puget Sound instead? (snicker)

chucklesR 02-15-2013 01:58 PM

Re: BVI laws
 
Steve,
Nothing I can reference, just what the charter agent at Voyage yachts told me and from a read of the insurance contract.
If you are the skipper/charterer of record you are responsible for the actions of crew.

Tim R. 02-15-2013 02:24 PM

Re: BVI laws
 
Brian, I have no argument except that most here have advised on the side of caution which is certainly the best advice StevInMD could receive. A lawyer might not be so prudent.

SteveInMD 02-15-2013 02:46 PM

I'm really after facts and references to the facts if possible. (The facts here being laws and regulations.)

I'm not looking for someone to interpret them for me.

We all know that pot onboard = bad. But, shouldn't the crime and potential punishment be clearly spelled out somewhere? As a captain this information would help me do my job.


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