California

Can I smoke weed in public? Travel with pot? Know these California laws on 4/20

Monday, April 20 — also known as cannabis holiday 4/20 — has arrived.

While adults 21 and older in California can legally use marijuana for recreational purposes, it’s still illegal under federal law.

Residents might be wondering what’s actually allowed in the Golden State.

Can you smoke weed in public? Will you get pulled over for being too high to drive?

Here’s what to know about California cannabis laws:

Michael Johnson smokes a prerolled joint in the cannabis consumption lounge during the California State Fair in Sacramento on Tuesday, July 16, 2024.
Michael Johnson smokes a prerolled joint in the cannabis consumption lounge during the California State Fair in Sacramento on Tuesday, July 16, 2024. Bailey Stover bstover@sacbee.com

Can I smoke cannabis in public in California?

Even though recreational cannabis is legal in California, smoking weed in public is not.

That means no smoking in public places, including restaurants, parks or most public spaces.

There are also strict rules near places where children are present. Smoking within 1,000 feet of schools, daycares and youth centers is prohibited.

It’s also illegal to use cannabis while driving or riding in a car, boat or aircraft.

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Can my neighbor smoke weed in their backyard?

You can smoke weed on private property including your own backyard, according to the California Department of Cannabis Control website.

Private property owners can ban the use of weed or any other cannabis product for renters.

If your neighbor’s cannabis use bothers you, you have rights.

Under California’s Civil Code, smoking weed could be considered a nuisance if it obstructs the free use of property and interferes with someone’s life or property.

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How much weed can I legally buy at once?

Adults 21 and older in California can legally possess up to 28.5 grams of cannabis flower or up to 8 grams of concentrated cannabis, according to California Health and Safety Code.

For medical use, the limits are higher.

According to the California Department of Public Health, patients or their caregivers can have up to 8 ounces of dried cannabis — or more if a doctor recommends it.

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Can I drive with weed in my car?

Although you can keep cannabis in your car in California, it must be in a sealed container or stored in the trunk while you’re driving.

“Law enforcement officers can pull you over to conduct a sobriety test if they suspect you are operating a car, boat or other vehicle under the influence of cannabis,” the California Department of Cannabis Control said.

Since cannabis remains illegal under federal law, you cannot take it across state lines — even if you’re traveling between states where pot is legal.

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How high is too high to drive?

In California, it’s illegal for drive under the influence of drugs or alcohol.

That includes cannabis.

You can be arrested on suspicion of drunk driving if you have a blood alcohol concentration of 0.08% or higher, if you’re of drinking age. However, there is no similar way that law enforcement measures what is “too high.”

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Michael Johnson, left, hands a prerolled joint to his mother, Caprice Lacy, in the cannabis consumption lounge on Tuesday, July 16, 2024, during the California State Fair in Sacramento.
Michael Johnson, left, hands a prerolled joint to his mother, Caprice Lacy, in the cannabis consumption lounge on Tuesday, July 16, 2024, during the California State Fair in Sacramento. Bailey Stover bstover@sacbee.com

Other California weed laws

Here are other California cannabis laws to know before you blaze it on 4/20:

Have a question about life in California?

How to California — a guide to help you live, work and enjoy life in the Golden State, is here to help.

We’ll answer your questions — big and small — about state laws, history, culture, recreation and travel.

Ask your questions in the form below (can’t see it? Click here) or email howtocalifornia@mcclatchy.com.

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Angela Rodriguez
The Modesto Bee
Angela Rodriguez is a service journalism reporter for The Bee. She is a graduate of Sacramento State with a bachelor’s degree in journalism. During her time there, she worked on the State Hornet covering arts and entertainment.
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