Smoking Pot in California
Recreational use of marijuana became legal in California under Proposition 64, but there are still laws that govern its use. In many ways, the laws are similar to those involving alcohol. There’s a minimum age and places that pot can’t be smoked.
Here are some key facts:
- It is still illegal for those under 21. Similar to alcohol, 21 is the minimum age to smoke or take edibles in California. Doing so under 21 can result in a fine and drug counseling.
- You can’t smoke pot, take edibles, or vape in a public place. According to CA Health and Safety Code 11362.3, smoking or ingesting cannabis products in public is illegal with the exception of state-licensed places where it is permitted. Doing so may result in a fine up to $100.
- You can’t smoke or ingest cannabis products in places where smoking tobacco is illegal. Non-smoking areas applies to marijuana as well.
- You can’t smoke marijuana within 1,000 feet of school zones, day cares, or youth centers while children are on the premises. Violating this law can result in a fine of $250.
- You can’t operate drive a car, boat, or plane while high. It is illegal to be under the influence of marijuana and operate a motor vehicle. Doing so can result in a suspension of your driver’s license, substantial fines, or jail time.
- You may not possess more than one ounce, and driving with more than an ounce may result in six months in county jail, a fine of $500, or both, according to Health and Safety Code section 11357.
The law suggests that if you want to smoke pot or take an edible it is best to do so at home. Even though cannabis is legal in California, the law seeks to limit its possession to reasonable amount to be used in private areas.
About Pat Ford
Pat Ford is a criminal defense lawyer in San Diego who works on appeals in some of the most difficult cases around the state. He has a great record for success and integrity. Pat has also published a criminal case law digest since 1984 that's used by judges and lawyers around the state. He also speaks and writes articles for criminal lawyers as well as consumers interested in the law. The consumer-related articles are intended to be informative but do not constitute legal advice.
Case of the Day
The case of the day summarizes a current case and is viewed by lawyers and judges around the state every day.
Geofence search warrants were impermissibly overbroad and violated the particularity requirement of the Fourth Amendment but the good faith exception applied and suppression was not required.Defendants were identified as murder suspects after a geofence search warrant directed to Google revealed cell phones signed in to Google accounts connected to them were in several of the same locations as the victim on the day of the murder. The geofence warrants complied with the California Electronic Communications Privacy Act of 2016 (Cal ECPA) but they violated the particularity requirement of the Fourth Amendment and were impermissibly overbroad as the warrants placed no meaningful restrictions on the police search. However, suppression of the evidence was not required where the officers reasonably relied on the new geofence warrant in good faith.id: 27850