On the list of things NOT to do when visiting autocratic countries: possessing illegal substances.  Even if they are for medical purposes.

That is especially true if any of those countries are adversaries to your home country.  

So no, I don’t feel bad for Brittney Griner.  But let me further explain why.

Background on the charges against Brittney Griner

Ms. Griner was stopped in February 2022 at an airport near Moscow.  This was just before Russia invaded Ukraine on February 24th.  Ms. Griner was on her way to play for UMMC Ekaterinburg, a Russian professional women’s basketball team.  

It’s common for WNBA stars like Griner to play internationally during the WNBA’s offseason.  The primary reason is usually financial as most WNBA players earn low six figures (or even less). 

So it’s not surprising that Ms. Griner was playing internationally.  What was surprising was that she had two vape cartridges with hashish oil in her luggage.

She pleaded guilty and was sentenced in August to nine years in prison. 

On October 25, a Russian court rejected her appeal, making it likely she’ll spend more time at a penal colony where the conditions are frankly, awful.

Ms. Griner’s attorney had tried to argue that the WNBA star packed the two vape cartridges in haste and had no criminal intent.  They even presented evidence of statements saying she had been prescribed cannabis oil.

Of note, the maximum sentence for this type of crime in Russia is 10 years.  Ms. Griner’s attorneys acknowledged that most defendants in similarly situated cases receive sentences of 5 years, with a third of them granted parole.

What was Brittney Griner thinking?

Her prison sentence is excessive, but this is Russia.  You know, the place run by the crazy autocrat who enjoys nuclear saber-rattling and starting wars from Chechnya to Ukraine.  The place where the rule of law changes depending on who you are and whether you’re a friend of Putin.

Russia is not the place to carry two cartridges of illegal hashish oil (where there are no medical exceptions).  Or any illegal substance for that matter.  It doesn’t matter what the law should be in Russia.  That stuff is still technically illegal at a federal level even in the United States.  

Brittney Griner is also not just any ordinary American traveling in Russia.  She’s relatively well-known.  Not a top celebrity by any means, but to most people with average knowledge of sports, they recognize her.

The U.S. State Department was also issuing travel security alerts in February 2022 when Griner was arrested.  The tensions with Ukraine were building as Putin had amassed over 100,000 troops on Ukraine’s border starting in December 2021. 

So what was Brittney Griner thinking being so reckless as an American traveling in Russia?  Why is nobody in the media asking this question?  Why is America so quick to throw seemingly any and all resources into helping her return to the U.S.?

If this were an average citizen, convince me the same outpouring of support would occur.  Say some random American backpacker was arrested under similar circumstances.  As noted, possession of hashish oil at a federally regulated U.S. airport (TSA!) is also (still technically) a criminal offense.  Nobody would have sympathy. 

Brittney Griner’s relative stardom and recklessness have put America in a tough spot.

Exchanging a known violent criminal for Brittney Griner  

Secretary of State Antony Blinken recently stated that the United States has made a “substantial proposal” to Russia to free not only Brittney Griner, but another American, Paul Whelan.  Mr. Whelan, a former marine, was arrested on espionage charges based on thin evidence.

In exchange for Ms. Griner and Mr. Whelan, Russia would receive the notorious Russian arms dealer, Viktor Bout.  To put it mildly, this guy is a bad dude.  The Nicholas Cage movie Lord of War was based on his story.

Mr. Bout was only accused of selling arms to Al Qaeda, the Taliban, and Rwandan rebels.  To name a few.  When he was arrested in Thailand, he had been caught in a sting operation where he allegedly sold weapons with knowledge they would be used against Americans. 

This is the guy the United States government is willing to part with in exchange for a former marine and someone who carried two cartridges of hashish oil into a Russian airport.  I can maybe understand the exchange for Mr. Whelan who is facing espionage charges, but Ms. Griner for hashish oil?  

Secretary Blinken wasn’t kidding when he called this a “substantial proposal.”           

This prisoner exchange would set a bad precedent 

Before you think I’m completely heartless, I do think Ms. Griner’s prison sentence is completely arbitrary and unjust.  Russia knows exactly what it’s doing here.  They saw an opportunity to gain leverage over the United States by detaining a quasi celebrity and throwing the book at her, and they took it.

By giving up a notorious and violent prisoner like Viktor Bout in exchange, however, it sets an awful precedent.  Americans may not be visiting Russia anytime soon (or at least they shouldn’t), but the next time someone semi-prominent does, what’s to say Russia won’t stop at detaining them, hashish oil or not?  Especially since they know they can use Americans as leverage in prisoner exchanges.

It’s like negotiating with terrorists or the mafia.  Nothing good ever comes from it. 

So all around the Brittney Griner case is a bad one for America and Americans traveling abroad.  It’s a message not only to Russia but other autocratic regimes who don’t respect the rule of law that Americans can be used as pawns in prisoner exchanges.

Which is in part why I don’t feel bad when someone gets arrested in one of those jurisdictions with illegal drugs.  Particularly when those drugs are illegal at a federal level in their home country.

You cannot give law enforcement in those countries any reason to detain you.  There is no room for error or negotiation. Don’t be stupid.  

Unfortunately, most people who find themselves in those situations do not have the star power leverage of Brittney Griner.