Legality of vaporizing medical cannabis

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In California, Senate Bill 420 states that medical cannabis patients are not permitted to smoke within 1000 feet of certain areas, such as parks, schools, etc. I didn't notice until I referred to the bill just now that it actually says *smoke*, not *consume*. Does this mean that patients are allowed to vape and eat edibles anywhere in California (as long as it's not federal territory, of course)?

I could imagine some cops would still fine you, and a jury might convict you, but I could see this case winning in the CA Supreme Court.

What do you think?

 

[Joel W.]

I think people who have issues about smokers could not distinguish between vapor and smoke at a distance or close up.

The more people that get caught vaping in public , the tougher the laws will be.

Not everyone gets let off. Lol

 

[PoliticallyErect]

The courts are highly unlikely to make any sort of distinction between vaping and smoking. Generally, if you think you found a loophole on some sort of semantic argument, you probably didn't. Where there's something that's a little up in the air (is there a substantial difference between vaping and smoking? Is only combustion prohibited within 1000 feet?) the judge will look to the rest of the statute to interpret this particular section. A cursory review of the statute turns up "nothing in this section shall authorize the individual to smoke or otherwise consume marijuana unless otherwise authorized by this article." That's going to give you trouble. If that doesn't cause you a problem, the dictionary will in that it can define "vaporize" by using the word "smoke." So you have a couple of issues there plus you're not really going to want to pay to try and appeal this all the way to the CA Supreme Court.

TLDR; Don't smoke, vape, or otherwise consume medical marijuana within 1000 feet of a school, recreation center, or youth center unless you're in your house or your friend's house or any other house in which you have permission to be in (this is your loophole).

 

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"nothing in this section shall authorize the individual to smoke or otherwise consume marijuana unless otherwise authorized by this article."

I totally forgot about this part. Thanks for reminding me.

 

[ZC]

I find the medical laws to be kind of a joke in terms of actually protecting patients.

They're only good about the parts that make the state money -dispensaries and taxes. You're allowed to buy this medication but you aren't allowed to use it anywhere but your home. You're allowed to carry some with you, but you have no protection from drug tests at job interviews or other "random" drug tests, much less if there's an accident and they blame you regardless of if the THC in your system is active or not.

The state is happy enough to call it medication when they can tax it, but refuse to treat it as medication: something that people need to use, even when they're out and about. Something that people rely on to function normally. The laws make no accommodations for those who rely on cannabis is medication. They only allow the user to buy it and consume it in their own home.

 

[Quote]

I find the medical laws to be kind of a joke in terms of actually protecting patients.

They're only good about the parts that make the state money -dispensaries and taxes. You're allowed to buy this medication but you aren't allowed to use it anywhere but your home. You're allowed to carry some with you, but you have no protection from drug tests at job interviews or other "random" drug tests, much less if there's an accident and they blame you regardless of if the THC in your system is active or not.

The state is happy enough to call it medication when they can tax it, but refuse to treat it as medication: something that people need to use, even when they're out and about. Something that people rely on to function normally. The laws make no accommodations for those who rely on cannabis is medication. They only allow the user to buy it and consume it in their own home.

God damn well put.

 

[TeeJay1952]

There is the legality of something and then there is common sense. Unless you have unlimited time & money to spend in court to eventually prove a point the best solution is not to get under the watchful eye of society. You can ALWAYS be arrested. After that the DA is already being paid so you have to marshal forces to fight. Now there will be career politicians and lawyers arrayed against you.

 

[grokit]

Yes.
As a mmj patient, I can say that I got myself on a list.
And if the laws change, there I am

 

[HomeFree]

Around schools and such I don't think it matters whether it is smoke or vapor. Cannabis is still drugs in the eyes of the law. That being said I vape in parks while BBQ. Not around kids or anyone really other than friends, and not during any school hours. Probably more than 1000 ft from the school.

As long as you use discretion (not lighting up a giant blunt to pass around coughing and choking to 15 thug looking buddies in front of a childrens party), I don't see any problem with it. It is possible to vape 30 feet away from people and have them not notice.

There is always edibles too, that's what I prefer rather than trying to sneak a toke. Usually a small amount of an edible and then I can add a bit with some vapor if I am not to where I want to be.

 

[CarolKing]

It would depend where you lived. Even in wa you are not suppose to use cannabis in public. They are even getting tough on vaporizing in certain areas. If you were eating an edible they aren't going to know the difference. In CA isn't it just a minor fine if caught using cannabis in public? Don't they treat it like a ticket?

I think most medical cannabis isn't to be used in public. It seems like smoking is a generalization, "using" would be a better term. Most of those in authority of making the rules for cannabis don't usually know what they're doing or talking about.

EDIT
Federally it's illegal everywhere in the U.S

If you store your cannabis in a CVault the authorities would need a search warrant to open it.

 

[mscm888]

I've been dealing with these concepts recently. I travel for work inside CA during the week. When working away from home I stop by the dispensary and pick up some meds. Then use the portable vaporizer i flew with on the meds in my hotel room. Not sure where this all stands on the side of the law.