California Health and Safety Code Section 11362.3 prohibits smoking, vaping, or consuming cannabis in any public place, anywhere tobacco smoking is banned, and within one thousand feet of a school, daycare, or youth center while children are present. The Sheriff enforces a $100 infraction in unincorporated areas.
Proposition 64 legalized adult cannabis possession but kept strict limits on where adults can consume. California Health and Safety Code Section 11362.3 prohibits any cannabis consumption in public places, in motor vehicles, on transit, in any location where tobacco is banned, and near schools or youth facilities while minors are present. Santa Clara County's Smoke-Free Air Ordinance NS-300.821 layers Title D rules on top, so cannabis smoking and vaping are also banned in county parks, outdoor dining, public events, and within thirty feet of doorways. Edibles are restricted in the same locations though enforcement focuses on visible consumption. The Sheriff issues citations in unincorporated SCC, and Public Health handles licensed-business cases.
Public consumption is generally a $100 infraction under HSC 11362.3. Use within one thousand feet of a school or daycare while children are present can be charged as a misdemeanor. Cannabis use in motor vehicles carries enhanced penalties.
See how San Jose's public marijuana use rules stack up against other locations.
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