Prop 64 Passes in CA, Legal Question Regarding It

[burningdoom]

So, I'm a Californian. And here, Prop 64 passed, which allows anyone over the age of 21 to use and possess marijuana, up to an ounce dried and processed, or up to 6 plants to grow.

So as I'm reading more about it, it's still illegal to smoke it in a shared public place, it says. Does that mean, however, that I can smoke it in my own yard, outdoors? And can I smoke it in a designated, smoking area?

I can't seem to find a clear answer on that.

If someone who is a legal beagle might be able to answer that for me, I'd appreciate it.

BTW, I know a message board isn't the best place to ask. But I don't want to go posting this on Facebook, I still have a job that I have no idea how this Prop is gonna effect.

[ignition365]

Your yard is not a shared public space.  That is private property.

A designated smoking area is a shared public space though.  But in terms of California, if the text for smoking laws (cigarettes) states no smoking in shared public spaces as well, I would presume the same terms apply.

[desocietas]

So, I'm a Californian. And here, Prop 64 passed, which allows anyone over the age of 21 to use and possess marijuana, up to an ounce dried and processed, or up to 6 plants to grow.

So as I'm reading more about it, it's still illegal to smoke it in a shared public place, it says. Does that mean, however, that I can smoke it in my own yard, outdoors? And can I smoke it in a designated, smoking area?

I can't seem to find a clear answer on that.

If someone who is a legal beagle might be able to answer that for me, I'd appreciate it.

BTW, I know a message board isn't the best place to ask. But I don't want to go posting this on Facebook, I still have a job that I have no idea how this Prop is gonna effect.

There's full-text here: https://www.oag.ca.gov/system/files/initiatives/pdfs/15-0103%20(Marijuana)_1.pdf

But here's some clarification:

(2) Notwithstanding paragraph (1), no city, county, or city and county may completely prohibit
persons engaging in the actions and conduct under paragraph (3) of subdivision (a) of Section
11362.1 inside a private residence, or inside an accessory structure to a private residence
located upon the grounds of a private residence that is fully enclosed and secure.
(3) Notwithstanding paragraph (3) of subdivision (a) of Section 113 62.1, a city, county, or city
and county may completely prohibit persons from engaging in actions and conduct under
paragraph (3) of subdivision (a) of Section 11362.1 outdoors upon the grounds of a private
residence.
(4) Paragraph (3) of this subdivision shall become inoperable upon a determination by the
California Attorney General that nonmedical use of marijuana is lawful in the State of California
under federal law, and an act taken by a city, county, or city and county under paragraph (3)
shall be deemed repealed upon the date of such determination by the California Attorney
General.
(5) For purposes of this section, ''private residence" means a house, an apartment unit, a mobile
home, or other similar dwelling

So it sounds like it'll depend on your area. Inside an enclosed private space is fine. Open air grounds on a private residence will have to be banned locally but isn't prohibited by the state so far.

The section following that in the text goes into where it *can't* be smoked. Hope that helps!

[turf]

And this is why edibles rule

[fighterpilot562]

Just a friendly reminder, companys can still piss test you and fire you if you piss dirty, and it is still illegal under federal law, so a federal agent can still arrest you. especially on federal land.

and if you are a gun owner, or want to buy a gun, the 4473 form, under 11e ask "Are you an unlawful user of, or addicted to,
marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"

Which remember, is a federal form, not a state one. and if you get caught lying, well, it might not end well.

Just letting you know, i did vote yes on it myself, even though i dont smoke.

[burningdoom]

^ Yeah, I know. That's why I asked this question here, rather than Facebook. Don't need my work finding out. However, I have a feeling that policy will change at my work. They've never been too strict about other things.

[fighterpilot562]

^ Yeah, I know. That's why I asked this question here, rather than Facebook. Don't need my work finding out. However, I have a feeling that policy will change at my work. They've never been too strict about other things.

and if you ever need clean pee, let me know

 

[aliensstudios]

Let me just say this to start; I don't smoke or use, I don't have the time or money. Most of my spare change goes to collecting games.
I live in Colorado where it's been legal to possess and use for four years now, I'm just thankful I don't live in Boulder or Denver, good grief. Me and my Dad grew some pot last year along with our hot peppers and beer hops for home-brews, (my pot-head brother got us some seeds) we sold most of it and gave away the rest to friends.
We didn't follow the exact regulations put forth by the government in terms of the quantity of plants and the structure you're supposed to have around the plants but none of the neighbors seemed to care all that much about it and we live right next door to a mormon family. Overall here in Colorado, as long as you're not smoking in public areas like schools, libraries, businesses etc. you're fine. They have a hard enough time managing those who choose to drive while high. Along with that they turn a blind eye to it because it generates a ton of government revenue which keeps and government-run facility alive and well.
I'm not sure how California will be, but I'm guessing the situation will be pretty similar to how things are here-don't be stupid and smoke in public on a busy work day, don't drive while high, that's about it.

[washerdryercombo]

^ Yeah, I know. That's why I asked this question here, rather than Facebook. Don't need my work finding out. However, I have a feeling that policy will change at my work. They've never been too strict about other things.

and if you ever need clean pee, let me know

 

What a guy!

[burningdoom]

^ Yeah, I know. That's why I asked this question here, rather than Facebook. Don't need my work finding out. However, I have a feeling that policy will change at my work. They've never been too strict about other things.

and if you ever need clean pee, let me know

 

Thanks, not sure how well that will ship, though. lol

[washerdryercombo]

^ Yeah, I know. That's why I asked this question here, rather than Facebook. Don't need my work finding out. However, I have a feeling that policy will change at my work. They've never been too strict about other things.

and if you ever need clean pee, let me know

 

Thanks, not sure how well that will ship, though. lol

Reheat it for a bit in the microwave and it should taste fine.