I had an interesting discussion some time ago with the Port Director here in Point Roberts. I noted that marijuana was legal in both BC and WA so why were was it not legal to bring it across the border. He responded by saying that, while my point was reasonable, at the border, which they have jurisdiction over, it's not legal. I pointed out that the border doesn't exist as an area, a physical space. It has no existential properties. It is merely a demarcation between countries so there's no "there there" where it is illegal.
He wasn't impressed but I do wonder how this argument would be treated in a federal court.... on either side of the border. I recommend that Seven Elks try this route in their appeal.
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