# BVI laws



## SteveInMD

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?


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## Tim R.

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._


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## msmith10

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.


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## chucklesR

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.


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## SteveInMD

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?


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## SteveInMD

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?


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## Cruisingdad

SteveInMD said:


> 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)


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## chucklesR

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.


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## Tim R.

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.


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## SteveInMD

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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## johnnyquest37

Contact the Police in the BVIs and ask them. Here is their website.

http://www.rvipolice.com/index.html


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## chucklesR

Packing for your Yacht Charter

there ya go

Anything other than prescription drugs are illegal in the BVI. Possession of ANY amount of drugs may land you in jail. Your charter boat and personal possessions may be impounded and a fine may be imposed.

http://208.131.157.174/news.php?page=Article&articleID=1307464262
more


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## rugosa

SteveInMD said:


> But, shouldn't the crime and potential punishment be clearly spelled out somewhere?


Try debating that from behind bars in a third world country (maybe not 3rd world, but you will not be on US soil).

Ponder this - your crew/passengers know and respect your position, agree to only partake ashore, they are seen ashore by the local law, law figures out which boat they are from, next thing you know the law is on your butt for the whole trip - NOT


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## msmith10

rugosa said:


> Try debating that from behind bars in a third world country (maybe not 3rd world, but you will not be on US soil).


While Roadtown seems quaint in a rustic sort of way, I suspect the jail is even less quaint and more rustic.


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## SteveInMD

rugosa said:


> Try debating that from behind bars in a third world country (maybe not 3rd world, but you will not be on US soil).
> 
> Ponder this - your crew/passengers know and respect your position, agree to only partake ashore, they are seen ashore by the local law, law figures out which boat they are from, next thing you know the law is on your butt for the whole trip - NOT


Thanks, but there cannot be any down side to actually knowing the regulations and penalties. I have no intension in debating them with anyone. I'm just trying to not be ignorant of the laws. I'd like to know them clearly.

Sent from my ADR6350 using Tapatalk 2


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## jackdale

msmith10 said:


> While Roadtown seems quaint in a rustic sort of way, I suspect the jail is even less quaint and more rustic.


I have driven past it, it does not look inviting.


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## jackdale

> 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.


Tortola travel guide - Wikitravel


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## SteveInMD

So far we know the crew member will have to pay a fine and will either go to jail or be sent home. The boat may be impounded. We've seen nothing about any legal responsibility for the captain, or if different rules apply for different amounts. (The searches I've done haven't yeilded anything either.)


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## kjango

I would so be taking a pass on that trip.....but that's just me.


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## SteveInMD

kjango said:


> I would so be taking a pass on that trip.....but that's just me.


You misunderstand. I am asking to know the rules. It's no reflection on the actual people going on the trip.


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## Slayer

I don't smoke. Not for legal or moral reasons. It just makes me stupid and I don't like that. But if your friends are going to smoke, stop at Foxy's for a drink and have them walk down the street a short distance and engage the young men hanging around. But make sure they smoke it all and not bring it on the boat.


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## adki110

You oviously want to be on that boat with those people, it has been suggested that you contact the BVI police for the most accurate information. But as drugs other than perscription are illegal you may be put on a watch list. Remember there is guilt by association. I would find a pressing engagement elseware.


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## SteveInMD

I do plan on asking the police. I just want information. I have nothing go hide.


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## captrice

You sound like you are inviting trouble your way no matter what advise you get. The best answer is what Paul Harvey used to say " If you don't
want to get in trouble just don't do it"


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## Silvio

Google is not going to provide you with a definitive answer. Find someone with a full Lexis-Nexis or West Law account that can access BVI statutes. Or visit an attorney and pay them the hour or two to research it for you. I don't think you will find a definite answer any other way. 

FWIW many years back had family that I love and never for a minute thought would jeopardize my career after I made VERY clear that they cannot bring even the tiniest amount of pot near my work place or home. Found a bag of pot and a pipe in the laundry during a long visit. They assured me that it was a "legal" amount. Smokers tend to have a different appreciation of reality IMHO.


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