b'In those jurisdictions in which personal marijuana usehasbeenlegalizedordecriminalized,the Coast Guard is not likely to take any enforcement againstpassengerspossessingmarijuana(even though it theoretically could under federal law). Furthermore,theCoastGuardhaspreviously advisedPVAinwritingthatavesseloperator orCoastGuard-credentialedindividualhasno obligationtoreporttotheCoastGuardifthat person knows of a passenger who possesses or is using marijuana.A copy of that letter can be found HERE.What if a vessel operator does not want passengers to bring marijuana on board?He or she is free toimposeitsowncompanypolicyregarding possessionoruseofmarijuanaonboardby passengers.Just because a state has decriminalized personalmarijuanadoesnotforcethevessel operator to permit passengers to have it.Perhaps the easiest way to address marijuana and passengers istoimposeanosmokingpolicythatcovers tobacco and cannabis materials (although that does not deal with the problem of edibles).Giventhemajorpolicyshiftstakingplaceinso many states, why is the federal policy static?There seems to be no immediate prospect of a change in federal law.Why is that?Simply put, the votes to change the policy are not there, particularly in the U.S. Senate.Majority Leader Shuster of New Yorkrecentlyproclaimedhisdeterminationto have the Senate debate and vote on a marijuana liberalization bill this year.But despite his brave words that a new policy will be in place by April 20 of next year, change is unlikely.Alegalizationorliberalizationbillwillcertainly besubjecttoaSenatefi byopponents. libuster To overcome the fi libuster, proponents will need 60 votes.In a chamber evenly divided between Republicans and Democrats, the votes are not there.Probablyall50Republicansopposemarijuana liberalization (or at least will not be willing to vote to end a fi libuster), and two Democratic Senators fromMontanaandNewHampshirearealso opposed.Three other Democrats are undecided. Finally, President Biden has shown no interest in supporting marijuana reform eff orts.Fortheforeseeablefuture,PVAvesseloperators will continue to be required to undertake Coast Guard-mandated drug testing of vessel employees. They will have to cope as best they can with an increasingnumberofpassengerswhowantto consume marijuana on board.And they will have to scrounge for employees who are willing to take pre-employment drug tests and remain marijuana-free during their period of employment. MAY 2021 25 LEGISLATIVE REPORT'