Originally Posted by
Investor 11
I believe you are mistaken here. CBP does not need to be deputized by anybody to make an arrest or fine for possession of marijuana. Regardless of local or state regulations marijuana is still classified as a schedule 1 drug and illegal by federal law. All CBP personnel are operating under federal law and regardless of what state they are in, persons transporting such drugs, are subject to arrest or fine.
In a way, you are both somewhat correct in your assessments. It is correct that any possession of MJ is illegal by Federal Law so in theory if a CBP Officer or Agent finds you in possession of it you technically can be arrested. However, there are minimum thresholds that have to be exceeded in most cases for the AUSA's office to prosecute. If you don't have an amount that exceeds those thresholds the case will go state by having the CBP officer or agent commissioned in the local jurisdiction the CBP Officer or Agent can work with the state or local DA and prosecute the case in state and local courts.
This means the CBP Officer or Agent does not have to wait for local response. He can book or cite and move on to the next activity. This saves time and effort for both the Federal Agency and the Local one. This is because even if the Federal Officer or Agent turns the case over to locals or state authorities, he or she still has to go to court and testify if the arrestee fights the charge.
FB