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What California law makes smoking pot in public illegal?

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JJLatFreeAdvice

Junior Member
California H&S 11362.79.
"Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat."

If I break it down and simplify it.

- "a qualified patient or person with an identification card" = "YOU"

- "Nothing in this article shall authorize" = "This article does not grant permission"

- "to engage in the smoking of medical marijuana" = "smoke pot"

Then do the substitution and make each of the items listed its own complete answer to the question:

(b)(q1) Can I smoke pot in within 1,000 feet of a school not inside a residence?
THIS article does not grant permission to YOU to smoke pot in or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.

(b)(q2) What if I'm inside a residence?
Yes, although this article does not grant permission to YOU to smoke pot in or within 1,000 feet of the grounds of a school, recreation center, or youth center, if medical use occurs WITHIN a residence, it's ok.

(d) Can I smoke pot in a car while it is being driven?
THIS article does not grant permission to YOU to smoke pot while in a motor vehicle that is being operated.

In other words, 11362.79 does not list locations where it's legal to smoke pot, EXCEPT for medicinal use within a residence when within 1000 feet of a school, rec center, or youth center. All other circumstances are unchanged by this article. So, what California law would explicitly make it illegal to actually smoke pot on a public sidewalk?
 


FlyingRon

Senior Member
Understand that pot is ILLEGAL. HS 11362.79 makes an exception for medical use and the sections you are quoting are exceptions to the exception and the inside residences clause is an exception to the exception to the exception.

You can smoke on a sidewalk provided it's not 1000' from a school/rec center etc... and smoking in general isn't prohibited.
Californicate in general doesn't ban smoking in general on sidewalks but many local municipalities within the state do. If you are in beautiful downtown Burbank (I'm dating myself) you can't smoke a cigarette on most of the sidewalks so by the law you quote, you can't smoke pot there either (whether or not you have your supposed medical recommendation).
 

cbg

I'm a Northern Girl
Given that it is illegal under Federal law to smoke pot in either public or private, the statute number of a CA law is kind of a moot point.
 

JJLatFreeAdvice

Junior Member
You can smoke on a sidewalk provided it's not 1000' from a school/rec center etc
Thanks. But where do you get that understanding?

11362.79 starts with "Nothing in this article shall authorize", which seems to mean that the reader should not construe this as an authorization.

So, "don't read this thinking you (a qualified patient or person with an identification card) can now smoke pot in the following circumstances"... In other words, the list is more like a list of examples and not a list of exceptions. Paraphrasing one of the items in the list: "Don't read this article in any way that makes you think it authorizes you to smoke pot while operating a boat." And THAT means there could be someplace else in state, county, or city code that DOES authorize or prohibit the smoking of pot while operating a boat, but it's not THIS article and this article does not override those laws. The one exception to my understanding of the plain English is "unless the medical use occurs within a residence."

What I was actually wondering is if anyone knows of any specific authorizations or prohibitions anywhere else in California law, like driving a car, operating a boat, or standing on a public sidewalk 2000 feet from a school.
 

Silverplum

Senior Member
Thanks. But where do you get that understanding?

11362.79 starts with "Nothing in this article shall authorize", which seems to mean that the reader should not construe this as an authorization.

So, "don't read this thinking you (a qualified patient or person with an identification card) can now smoke pot in the following circumstances"... In other words, the list is more like a list of examples and not a list of exceptions. Paraphrasing one of the items in the list: "Don't read this article in any way that makes you think it authorizes you to smoke pot while operating a boat." And THAT means there could be someplace else in state, county, or city code that DOES authorize or prohibit the smoking of pot while operating a boat, but it's not THIS article and this article does not override those laws. The one exception to my understanding of the plain English is "unless the medical use occurs within a residence."

What I was actually wondering is if anyone knows of any specific authorizations or prohibitions anywhere else in California law, like driving a car, operating a boat, or standing on a public sidewalk 2000 feet from a school.
Each city/town has their own ordinances. No one here is going to do your homework for you.
 

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