California Health and Safety Code 11362.3 HS specifies that it is illegal to use marijuana in public or to have an open container in a vehicle. Although recreational cannabis is now legal for adults, there are limitations such as the ones in this statute.
The entirety of the statute text reads as follows:
HS 11362.3. (a) Section 11362.1 does not permit any person to:
(1) Smoke or ingest cannabis or cannabis products in a public place, except in accordance with Section 26200 of the Business and Professions Code.
(2) Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.
(3) Smoke cannabis or cannabis products within 1,000 feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence or in accordance with Section 26200 of the Business and Professions Code and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.
(4) Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
(5) Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present.
(6) Manufacture concentrated cannabis using a volatile solvent, unless done in accordance with a license under Division 10 (commencing with Section 26000) of the Business and Professions Code.
(7) Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
(8) Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under 21 years of age are present.
(b) For purposes of this section, the following definitions apply:
(1) “Day care center” has the same meaning as in Section 1596.76.
(2) “Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.
(3) “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(4) “Youth center” has the same meaning as in Section 11353.1.
(c) Nothing in this section shall be construed or interpreted to amend, repeal, affect, restrict, or preempt laws pertaining to the Compassionate Use Act of 1996.
Legal Analysis
It is now legal in California for adults 21 and older to possess up to 28.5 grams of marijuana for personal use. However, California Health & Safety Code 11362.3 HS specifies that people may not do any of the following seven things:
- smoke or ingest marijuana in a public place;
- smoke marijuana in non-smoking areas;
- smoke marijuana within 1,000 feet of a school, day care center, or youth center while children are there;
- have an open marijuana container in a motor vehicle, aircraft, or water vessel;
- smoke or ingest marijuana on the grounds of a school, day care center, or youth center while children are there;
- make concentrated cannabis using a volatile solvent; or
- smoke or ingest marijuana while driving – or riding as a passenger in – a motor vehicle, aircraft or water vessel.1
Example: In Los Angeles, Ann uses a bong next to a school, Betty eats an edible at a park, and Carla smokes a joint while driving. Each of them could be cited for violating HS 11362.3.
Violating HS 11362.3 is typically a misdemeanor in California carrying a fine for a first-time offense. Juveniles under 18 are cited for an infraction and ordered to do rehab and community service.2
HS 11362.3 prohibits consuming marijuana in public.
Legal References
- California Health and Safety Code 11362.3 HS – Prohibited conduct involving cannabis and cannabis products See also: People v. Hall (Cal. App. 1st Dist. 2020), 271 Cal. Rptr. 3d 793; People v. McGee (Cal. App. 3d Dist. 2020), 266 Cal. Rptr. 3d 650, 53 Cal. App. 5th 796.
- HS 11357.