Voters approved the recreational use of marijuana across California in 2016. But just how legal is it?
While consuming marijuana is allowed on private property, it is not permitted in public spaces, even outside, nor while driving.
Yet even before the law took effect, you occasionally would see people piling out of a smoke-filled vehicle that looked right out of a Cheech and Chong movie or “Fast Times at Ridgemont High.” And today, it’s common to catch the distinctive smell hanging in the air around Modesto’s sidewalks, parking lots and parks.
Last month on a NextDoor page, a resident wrote, “My husband and I went to the movies in downtown here in Modesto 2 days ago, leaving the theater we sat down to talk for a while while we went home. Our talk was ruined when two young girls sat across from us and started smoking marijuana.”
Later in her post, she wrote, “I know it’s legal, but …,” to which other people pointed out that it is, in fact, not.
So, what happens if you get caught with marijuana where you’re not supposed to have it?
According to Sgt. Shane Castro of the Modesto Police Department, it depends.
Enforcing the laws surrounding cannabis is similar to that of alcohol in many ways. If an officer conducting a traffic stop believes the driver is under the influence of marijuana, the officer can make a probable cause arrest and conduct a series of standardized field sobriety tests that would determine if the person is impaired to the point where he or she can’t safely operate a motor vehicle, Castro said.
Should the driver perform the tests consistent with somebody under the influence of a controlled substance or an alcoholic beverage, the officer would order a blood test be done to determine if there are drugs in the driver’s system.
As of right now, there is no device or system that can be blown into that would detect the level of impairment or level of marijuana in their system, such as there is with alcohol. While the cannabis levels in the blood are measured by nanograms, there is no standard level set by the courts that people must remain under to be considered unimpaired.
Therefore, arrests are made based on the performance of the standardized field sobriety tests, appearance, ability to communicate, etc. Once the arrest is made, the District Attorney’s Office determines if the person should be prosecuted.
Illegally consuming or in possession of cannabis over 28.5 grams results in different consequences based on the age of the person, according to Sgt. Castro. Adolescents under the age of 18 would be given an infraction and subject to 10 hours of community service and drug education or counseling. Persons 18 and older would also be given an infraction and required to pay a fine up to $100.
However, even if law enforcement comes across people smoking on a public sidewalk, that does not necessarily mean they will be held accountable. Castro said if no one called the police, if problems have not been occurring in the area, and if the person smoking is not creating a disturbance, chances are it will not result in any fines or issues.
Enforcing the laws surrounding marijuana is rather similar to the way police officers enforce alcohol laws; if the person is not driving or causing a disturbance, officers typically will not make an arrest.
H/T: www.modbee.com
