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?
"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?