Cannabis and Boating: BUI Laws, Safety Checks, and What to Expect
Boating is central to life in Florida, particularly around Tampa Bay, where recreational boating, fishing, and day cruising are common. As cannabis use becomes more widespread—especially among medical patients—it’s critical for boaters to understand how marijuana intersects with Florida boating laws, particularly Boating Under the Influence (BUI) rules and on-water safety inspections.
What Is BUI in Florida?
Florida law prohibits operating a vessel while impaired by alcohol or drugs, including cannabis. Under state statute, a person may be charged with Boating Under the Influence (BUI) if their normal faculties are impaired by a controlled substance or if their blood-alcohol concentration reaches 0.08% or higher. Unlike alcohol, cannabis impairment does not rely on a specific THC limit. Instead, enforcement focuses on observed impairment, such as slowed reaction time, poor coordination, confusion, or unsafe operation.
This means that even legally obtained medical marijuana can lead to a BUI charge if an officer believes cannabis affected a boater’s ability to safely operate a vessel. THC can remain in the body long after its intoxicating effects fade, making cannabis-related BUI enforcement more subjective than alcohol-based cases.
Penalties for Boating Under the Influence
BUI penalties in Florida are serious. A first offense can result in fines, probation, community service, and possible jail time. Repeat offenses or incidents involving injury, property damage, or fatalities can elevate charges to felony levels with long-term consequences. While a BUI conviction typically does not suspend a driver’s license, it can still impact future DUI or BUI cases and increase penalties.
Safety Checks and Federal Law on the Water
Boaters in Tampa Bay should also be aware that cannabis legality on land does not translate to protection on the water. The U.S. Coast Guard has broad authority to stop and board vessels for routine safety inspections without probable cause. During these checks, officers verify required safety equipment, assess operator sobriety, and may investigate suspected drug possession.
Because cannabis remains illegal under federal law, possession onboard a vessel can result in federal enforcement—even if the cannabis is legal under Florida’s medical marijuana program. This applies in navigable waters and during Coast Guard safety boardings.
Additionally, the Florida Fish and Wildlife Conservation Commission actively patrols state waters, including Tampa Bay, and enforces boating safety, impairment laws, and compliance checks.
Best Practices for Tampa Bay Boaters
- Avoid consuming cannabis before or during boating activities
- Never operate a vessel while impaired
- Be prepared for routine safety inspections
- Understand that federal law applies on the water
- Designate a sober operator, just as you would a designated driver
What Boaters Should Remember
Cannabis and boating carry real legal risks in Florida. In Tampa Bay and throughout the state, impairment laws, federal jurisdiction, and safety inspections make it essential for boaters to stay informed and cautious. Enjoying Florida’s waterways responsibly means keeping cannabis off the helm—and ensuring everyone onboard gets home safely.