Is Marijuana Use Legal in International Waters?

Many marijuana users have probably never considered an interesting question: “Is it legal to consume cannabis in the neutral waters of the ocean, which don’t belong to any country?” Even in the United States, despite progress in reform, there’s no guarantee that officials won’t suddenly impose new restrictions, potentially returning everything to full criminalization. Unfortunately, this kind of backtracking happens quite often. For example, take Massachusetts: in November, the state passed recreational legalization; a year later, the reform still hadn’t started, and local authorities were already announcing moratoriums on stores, leaving marijuana available only in a rapidly shrinking number of towns. It’s also important to remember that each region’s rules differ significantly, and that federal authorities still see the medical plant as a “dangerous drug,” supposedly responsible for all sorts of crimes and the country’s heroin epidemic.

In other words, it’s not surprising that the idea of leaving the mainland to smoke in international waters is becoming more appealing to Americans. Naturally, many people want to know if they can create their own little island of legalization on the high seas, far from governments and their prohibitionist policies. In this article, we’ll look at how practical and realistic this idea is from the perspective of international law.

Basics of Maritime Law

First, we need to clarify where exactly international (neutral) waters begin, so as not to confuse them with territorial waters belonging to a specific country. The term “neutral waters” refers to the open ocean, starting about 12 nautical miles (roughly 20 kilometers) from the nearest land belonging to any country. Beyond these boundaries, you’re on international territory, which doesn’t belong to any nation and isn’t governed by a single set of laws.

It might seem simple: rent a yacht, boat, or catamaran, or just hop on a cruise across the Atlantic and enjoy your own floating Jamaica. That would be great, but it’s not that easy. Even in these “no man’s waters,” certain rules still apply, determined by the country where the vessel is registered. In other words, depending on the flag your vessel sails under, the laws of that country apply to its passengers and crew. For example, if you’re on a Uruguayan ship, you could legally justify smoking marijuana under that country’s legalization laws. But if you’re under the flag of China or Japan, the crew has every right to arrest you for an offense that could mean long-term imprisonment and forced labor back on land.

Otherwise, at sea, the rule of “don’t get caught, don’t get in trouble” often applies, and some organizations already take advantage of this. For example, “Women on Waves” helps women from jurisdictions where abortion is illegal to have the procedure. They provide women in early pregnancy with pills to terminate unwanted pregnancies, safely and discreetly, in international waters. Since the procedure happens secretly and outside any country’s jurisdiction, technically, no abortion laws are broken. For extra protection, the organization’s vessel is registered in the Netherlands, which allows its citizens to have abortions at any stage of pregnancy.

A Pirate Platform for Cannabis Use

Given all these factors, and your own tolerance for sea air and motion sickness, this method of bypassing criminalization is effective but relatively expensive. For safety, you’ll need a vessel registered in a country with tolerant marijuana laws, such as Spain or Portugal. The ideal—but most expensive—option is to buy or rent a vessel registered in a U.S. state where marijuana is legal, such as California, Oregon, or Washington.

Additionally, make sure you can trust the crew and other passengers regarding cannabis use, so you don’t run into problems when you return to land. And don’t forget about seasickness. Even mild rocking can upset even experienced smokers, turning a fun voyage into a floating test of stomach endurance. To avoid this, you can train yourself to handle the motion by going out to sea regularly, take anti-nausea medication in advance, or opt for cannabis edibles instead of smoking. Edibles are absorbed more slowly, which surprisingly helps the body handle sudden vestibular shocks like seasickness.