The Law Concerning Recreational Marijuana

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2018 has brought about many changes, with one of the most important changes being the new laws concerning Recreational Marijuana.  According to the new state laws, you are not allowed to smoke marijuana in public places, or any place that the public has reasonable access to.  You are also prohibited from smoking marijuana or having an open container of marijuana inside a motor vehicle, both as a driver and/or passenger.  Being under the influence of marijuana while driving a motor vehicle constitutes driving under the influence (DUI).

In addition to state law, there are also local ordinances regarding the usage of marijuana.  According to our Municipal Code, recreational marijuana smoking is prohibited in all units/apartments, all unenclosed and enclosed common areas, and all other areas of a multi-unit residence.  In other words, smoking recreational marijuana is only allowed inside a detached single family home.  An exception is smoking medical marijuana per California Health and Safety Code Sections 11362.7, and doing so is permitted in a multi-unit residence.

Marijuana smoke produced in violation of the previously mentioned ordinances and state laws is considered a nuisance.  People found to be in violation of the ordinances and laws can be issued a citation starting at $100.00 for the first offense.

For more information regarding Tobacco and Marijuana ordinances for the City of Brisbane, please refer to 8.46 of the Brisbane Municipal Code or contact the Brisbane Police Department at (415) 467-1212.