California Health and Safety Code section 11362.3 prohibits cannabis consumption in public places, vehicles, and within one thousand feet of schools, with San Jose adding parks and smoke-free zones to restricted areas.
California Proposition 64 legalized adult recreational cannabis but Health and Safety Code section 11362.3 prohibits smoking, vaping, ingesting, or consuming cannabis in public places, in vehicles even as a passenger, and within one thousand feet of schools, day cares, and youth centers while children are present. San Jose's Smoke-Free Air Ordinance (SJMC 8.36) extends the ban to parks, transit stops, outdoor dining, and multi-unit housing balconies. Licensed cannabis lounges (consumption sites) are permitted only in approved zones. Edibles in public can be cited if visible to the public. Open container rules apply to cannabis like alcohol.
Health and Safety Code 11362.3 violations are infractions starting at one hundred dollars; near-school violations can bring three hundred dollars and possible diversion. Vehicle consumption may add Vehicle Code section 23222 enhancements.
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San Jose, CA
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