Friday 10 June 2016

Public Cannabis Consumption Laws: A State-By-State Guide

 

Althouch cannabis is legal for medical or recreational use in many states, public consumption laws differ by location, making it difficult for consumers to know where they can legally enjoy their product. We put together a helpful guide detailing the laws and penalties for consuming cannabis in a public space. Check back as we continue to update the guide whenever a state law changes.

Click on a state to jump down to its consumption laws.

 

Home Cannabis Cultivation Laws: A State-by-State Guide

 

Alaska

It is unlawful to consume marijuana in public. A person who breaks this law is guilty of a violation punishable by a fine of up to $100.

The Marijuana Control Board will allow the onsite consumption of limited amounts of cannabis at licensed retail cannabis shops, so long as the shops adhere to the following guidelines:

  • 1 gram of flower, edible containing up to 10mg of THC, up to .25 grams of concentrate
  • Separate area for consumption
  • Space must have proper ventilation
  • Area must have security

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Arizona

A qualifying medical marijuana patient may not consume medical marijuana at a dispensary or in public places, as defined by the Arizona Medical Marijuana Act:

  • Any nursing care institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home may adopt reasonable restrictions on the use of marijuana by residents or persons receiving inpatient services.
  • Any person or establishment in lawful possession of that property may prohibit a guest, client, customer, or other visitor from using marijuana on or in that property.
  • An employer may prohibit the ingestion or marijuana in any workplace and may discipline an employee for ingesting marijuana in the workplace and/or working while under the influence of marijuana.
  • A person shall not knowingly:
    • Possess or use marijuana (valid medical marijuana patients excluded, public consumption laws notwithstanding)
    • Possess marijuana for sale
    • Produce marijuana
    • Transport for sale, import into the state, offer to transport for sale or import into the state, sell, transfer, or offer to sell or transfer marijuana

A person who violates this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.

  • A class 6 felony is punishable by a term of imprisonment for a presumptive, minimum, maximum, mitigated or aggravated sentence within a range between .33 years (4 months) and 2 years.

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California

Section 11362.79 states, "Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:"

  • In any place where smoking is prohibited by law
  • In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence
  • On a school bus
  • While in a motor vehicle that is being operated
  • While operating a boat
  • Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana is guilty of an infraction punishable by a fine not more than $100

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Colorado

Public use is illegal:

  • Using marijuana in any way — smoking, eating, or vaping — isn’t allowed in public places. This includes the following outdoor and indoor areas, and many more:
    • Sidewalks
    • Parks and amusement parks
    • Ski resorts
    • Concert venues
    • Businesses
    • Restaurants, cafes, or bars
    • Common areas of apartment buildings or condominiums

A person who openly and publicly displays, uses, or consumes 2 ounces of marijuana or less is guilty of a drug petty offense and may be subject to 24 hours of community service, as well as a maximum fine of $100.

Denver-specific laws:

  • It is illegal for drivers and front-seat passengers to use cannabis in taxis and limousines in Denver; however, if the taxi or limousine operator allows for it, marijuana may be consumed in the rear passenger area only.
  • Denver city laws prohibit marijuana consumption on hotel balconies if visible from any public place.
  • On residential private property, retail marijuana consumption in any outdoor location is illegal unless the person is the property owner or lessee, or has been granted express or implied permission by the property owner or lessee. On private non-residential property, marijuana consumption is illegal in any outdoor location if it is clearly visible from a public place.

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Connecticut

The medical marijuana law does not protect patients if the patient’s marijuana use endangers the health or well-being of someone else.

Also, the law does not apply if the patient consumes marijuana in a public place (i.e., any area used or held out for use by the public, whether owned or operated for public or private interests):

  • In a motor bus, school bus, or other moving vehicle
  • At work
  • On school grounds or any public or private school, dormitory, college or university property
  • Connecticut regulations also prohibit the consumption of cannabis on dispensary premises

Any person who possesses or has under his control less than one-half ounce of a cannabis-type substance except as authorized shall for a first offense, be fined $150 and for a subsequent offense, be fined not less than $200 or more than $500.

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Delaware

The public use or consumption of an ounce or less of marijuana will be an unclassified misdemeanor punishable by a fine of not more than $200 or imprisonment for not more than 5 days.

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District of Columbia

An adult can be arrested for smoking, eating, or drinking marijuana – or holding or carrying a lighted roll of paper or other lighted smoking equipment filled with marijuana – in any public space, such as:

  • On any street, sidewalk, alley, park or parking area
  • In any vehicle on any street, alley park, or parking area
  • Any public to which the public is invited

The penalty for the public consumption of marijuana is a fine of $25.

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Hawaii

As part of Hawaii’s Smoke Free Law, the smoking of any plant material is prohibited in enclosed or partially enclosed places open to the public, including but not limited to:

  • Airport, public transportation facilities and vehicles, ticket, boarding and waiting areas, including airports from curb to cabin, including all areas within and immediately in front of and adjacent to passenger terminals and pick-up areas
  • Aquariums, galleries, libraries, and museums
  • Areas available to/used by the general public, including restrooms, lobbies, reception areas, hallways, professional offices, banks, laundromats, hotels, and motels
  • Bars
  • Bowling alleys
  • Convention facilities
  • Educational facilities, both public and private
  • Elevators
  • Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or similar performance (except when part of the performance)
  • Health care facilities
  • Hotel and motel lobbies, meeting rooms, and banquet facilities
  • Licensed child care and adult day care facilities
  • Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities
  • Nightclubs
  • Polling places
  • Restaurants
  • Retail stores
  • Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the state or country
  • Service lines
  • Shopping malls

Intentional or knowing possession of one ounce or less of marijuana or marijuana concentrate shall constitute a civil violation subject to a fine not to exceed $100.

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Illinois

This act does not permit any person to engage in the following conduct:

  • Using cannabis:
    • In a school bus
    • On the grounds of any preschool or primary or secondary school
    • In any correctional facility
    • In any motor vehicle
    • In a private residence that is used at any time to provide licensed child care or other similar social service on the premises
    • In any public place
  • Public place means any place where an individual could reasonably be expected to be observed by others
  • A public place includes all parts of buildings owned by the state or local government
  • Knowingly in close physical proximity to anyone under the age of 18 years of age

The possession of 10 grams or less of cannabis is a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.

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Maine

These rules prohibit any person from smoking marijuana

  • On any form of public transportation
  • In any public place

A person who possess a usable amount of marijuana commits a civil violation for which a fine of not less than $350 and not more than $600 must be adjudged for possession of up to 1 ¼ ounces of marijuana, and a fine of not less than $700 and not more than $1,000 must be adjudged for possession of over 1/14 ounces to 2 ½ ounces of marijuana, none of which may be suspended.

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Maryland

This act may not be construed to authorize any individual to engage on and does not prevent the imposition of any civil, criminal, or other penalties for the following:

  • Undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice;
  • Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or boat while under the influence of marijuana;
  • Smoking marijuana in any public place;
  • Smoking marijuana in a motor vehicle;
  • Smoking marijuana on private property that
    • Is rented from a landlord and;
    • Is subject to a policy that prohibits the smoking of marijuana on the property; or
    • Is subject to a policy that prohibits the smoking of marijuana on the property of an attached dwelling adopted by one of the following entities:
      • The board of directors of the council of unit owners of a condominium regime; or
      • The governing body of a homeowners association.

A first violation of this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $100.

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Massachusetts

Nothing in 105 CMR 725.000:

  • Allows the operation of a motor vehicle, boat, or aircraft under the influence of marijuana
  • Requires any health insurance provider or any government agency or authority to reimburse any person for the expenses of the medical use of marijuana
  • Requires any health care professional to authorize the use of medical marijuana for a patient
  • Requires any accommodation of any onsite medical use of marijuana in any place of employment, school bus or on school grounds, in any youth center, in any correctional facility, or of smoking medical marijuana in any public place
  • Supersedes Massachusetts law prohibiting the possession, cultivation, transport, distribution, or sale of marijuana for nonmedical purposes; or
  • Requires the violation of federal law or purports to give immunity under federal law
  • Poses an obstacle to federal enforcement of federal law

Possession of one ounce or less of marihuana shall only be a civil offense, subjecting an offender who is 18 years of age or older to a civil penalty of $100 and forfeiture of the marihuana.

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Michigan

A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possess an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the patient has not specified that a caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver licensed or government-issued identification card that bears a photographic image of the qualifying patient.

Any person shall not knowingly or intentionally possess a controlled substance unless the controlled substance was obtained directly from or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice:

  • Marihuana is guilty of a misdemeanor punishable for not more than 1 years or a fine of not more than $2,000.00, or both.

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Minnesota

Nothing in this act permits any person to engage in and does not prevent the imposition of any civil, criminal, or other penalties for:

  • Undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice
  • Possessing or engaging in the use of medical cannabis:
    • On a school bus or van
    • On the grounds of any preschool, primary, or secondary school
    • In any correctional facility
    • On the grounds of any child care facility or home daycare
  • Vaporizing medical cannabis:
    • On any form of public transportation
    • Where the vapor would be inhaled by a nonpatient minor child
    • In any public place, including any indoor or outdoor area used by or open to the general public or place of employment
  • Operating, navigating or being in actual physical control of any motor vehicle, aircraft, train, or motorboat, or working on transportation property, equipment, or facilities while under the influence of medical cannabis

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Montana

The act does not permit:

  • Any person, including a registered cardholder, to operate, navigate, or be in actual physical control of a motor vehicle, aircraft, or motorboat while under the influence of marijuana
  • The use of marijuana by a registered cardholder:
    • Where exposure to the marijuana smoke significantly adversely affects the health, safety, and welfare of children
    • In plain view of or in a place open to the general public
    • On or on the property of any church, synagogue, or other place of worship
    • At a public park, public beach, public recreation center, or youth center
    • If the court has imposed restrictions on the cardholder’s use
    • When ordered by any court of competent jurisdiction into a correctional facility or program
    • In a school bus or other form of public transportation
    • On or in any property leased by a school district when the property is being used for school-related purposes
    • On or in any property owned by a school district or a postsecondary school
    • In a school or postsecondary school
    • In a health care facility

Except for registered cardholders, a person commits the offense of criminal possession of dangerous drugs if:

  • A person convicted of criminal possession of marijuana or its derivatives in an amount the aggregate weight of which does not exceed 60 grams of marijuana or 1 gram of hashish is, for the first offense, guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment in the county jail for not more than 6 months

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Nevada

A person who holds a registry identification card is not exempt from state prosecution for any of the following acts:

  • Driving, operating, or being in actual physical control of a vessel or vehicle while under power, or sail while under the influence of marijuana
  • Possessing a firearm while under the influence of marijuana
  • Possessing marijuana without a registry identification card, possessing paraphernalia with the knowledge or intent to ingest, inhale, or otherwise introduce into the human body a controlled substance; or if the possession or marijuana or paraphernalia is discovered because the person engaged in the medical use of marijuana in:
    • Any public place or in any place open to the public or exposed to public view
    • Any local detention facility, county jail, state prison, reformatory or other correctional facility, including without limitation, any facility for the detention of juvenile offenders
  • Delivering marijuana to another person who he or she knows does not lawfully hold a registry identification card
  • Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds the registry identification

In addition to any other penalty provided by the law, if the Division determines that a person has willfully violated a provision of this chapter or regulation adopted by the Division, the Division may, at its own discretion, prohibit the person obtaining or using a registry identification card for a period of up to six months.

A person who is convicted of the possession of 1 ounce or less of marijuana:

  • For the first offense, is guilty of a misdemeanor and shall be:
    • Punished by a fine of not more than $600; or
    • Examined by an approved facility for the treatment of abuse of drugs to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation

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New Hampshire

A qualifying patient may use cannabis on privately-owned real property only with written permission of the property owner or, in the case of leased property, with the permission of the tenant in possession of the property, except that a tenant shall not allow a qualifying patient to smoke cannabis on rented property if smoking on the property violates the lease or the lessor’s rental policies that apply to all tenants at the property.

However, a tenant may permit a qualifying patient to use cannabis on leased property by ingestion or inhalation through vaporization even if smoking is prohibited by the lease or rental policies.

Nothing in this chapter shall exempt any person from arrest or prosecution for:

  • Being under the influence of cannabis while:
    • Operating a motor vehicle, commercial vehicle, boat, vessel, or any other vehicle propelled or drawn by power other than muscular power
    • In his place of employment, without the written permission of the employer
    • Operating heavy machinery or handling a dangerous instrumentality
  • The use or possession of cannabis by a qualifying patient or designated caregiver for the purposes other than for therapeutic use
  • The smoking or vaporization of cannabis in any public place, including
    • A public bus or other public vehicle
    • Any public park, public beach or public field
  • The possession of any cannabis in any of the following:
    • The building and grounds of any preschool, elementary or secondary school which are located in an area designated as a drug free zone
    • A place of employment, without the written permission of the employer
    • Any correctional facility
    • Any public recreation center or youth center
    • Any law enforcement facility

Any qualifying patient who is found to be in possession of cannabis outside of his or her home and is not in possession of his or her registry identification card may be subject to a fine of up to $100.

In the case of marijuana, including any adulterants or dilutants, or 5 grams or less of hashish, the person shall be guilty of a class A misdemeanor, punishable by a fine of $2,000 and up to one year in jail.

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New Jersey

The provisions of this act shall not be construed to permit a person to:

  • Operate, navigate, or be in actual physical control of any vehicle, aircraft, railroad train, stationary heavy equipment, or vessel while under the influence of marijuana
  • Smoke marijuana on a school bus or other form of public transportation, in a private vehicle unless the vehicle is not in operation, on any school grounds, in any correctional facility, at any public park or beach, at any recreation center, or in any place where smoking is prohibited

Any person who violates this with respect to:

  • Possession of more than 15 grams but less than 50 grams of marijuana, including any adulterants or dilutants, or 5 grams or less of hashish is a disorderly person
    • The penalty for a disorderly person is a fine of up to $1,000 and up to 6 months in jail
  • Possession of 15 grams or less of marijuana is not a violation of this title, but shall be subjected to:
    • $150 for a first violation
    • $200 for a second violation
    • $500 for a third or subsequent violation

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New Mexico

Participation in the medical cannabis program by a qualified patient or primary caregiver does not relieve the qualified patient or primary caregiver from:

  • Criminal prosecution or civil penalties for activities not authorized, fraudulent representation to law enforcement to avoid arrest or prosecution
  • Liability for damages or criminal prosecution arising out of the operation of a vehicle while under the influence of cannabis or cannabis-derived products
  • Criminal prosecution or civil penalty for possession, distribution, transfer, or use of cannabis or a cannabis-derived product:
    • In a school bus or public vehicle
    • On school grounds or property
    • In the workplace of the qualified patient’s or primary caregiver’s employment
    • At a public park, recreational center, youth center, or other public place
    • To a person not approved by the department pursuant to this rule
    • Outside New Mexico or attempts to obtain or transport cannabis or cannabis-derived products from outside New Mexico
    • That exceed the allotted amount of useable medical cannabis, or cannabis-derived products

It is unlawful for any person intentionally to possess a controlled substance unless the substance was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of professional practice. Any person who violates this section with respect to:

  • One ounce or less of marijuana is, for the first offense, guilty of a petty misdemeanor and shall be punished by a fine of not less than $50.00 and not more than $100 and by imprisonment for not more than 15 days
  • For the second and subsequent offenses, guilty of a misdemeanor and shall be punished by a fine of not less than $100 and not more than $1,000 or by imprisonment for a definite term less than one year, or both

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New York

Possession of medical marihuana shall not be lawful if it is smoked, consumed, vaporized, or grown in a public place, regardless of the form of medical marihuana stated in the patient’s certification.

A person possessing medical marihuana shall possess his or her registry identification card at all times while in the possession of medical marihuana.

An individual is guilty of criminal possession of Marihuana in the 5th degree when that person:

  • Knowingly and unlawfully possesses marihuana in a public place, and such marihuana is burning or open to public view
  • The penalty for the criminal possession of Marihuana in the 5th degree of 25 grams or less of marijuana is a $100 fine for the first offense, a $200 fine for the second offense, and $250 or less for subsequent offenses

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Oregon

It is unlawful for any person to engage in the use of marijuana items in a public place.

A violation of this subsection is a Class B violation:

  • The penalty for committing a Class B violation is a fine. The law creating a violation may impose other penalties in addition to a fine, but may not impose a term of imprisonment.
  • The maximum fine for a violation committed by an individual is $1,000 for a Class B violation.

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Rhode Island

The act and these regulations shall not permit:

  • Any person to undertake any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice
  • The smoking of marijuana:
    • In a school bus or other form of public transportation
    • On any school grounds
    • In any correctional facility
    • In any public place
    • In any licensed drug treatment facility in this state
    • Where the exposure to the marijuana smoke significantly adversely affects the health, safety, or welfare of any children
  • Any person to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana. However, a registered qualifying patient shall not be considered under the influence solely for having marijuana metabolites in his or her system.

Possession of one ounce or less of marijuana shall constitute a civil offense, rendering the offender liable to a civil penalty in the amount of $150, and forfeiture of the marijuana, but not to any other form of criminal or civil punishment or disqualification.

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Vermont

These rules prohibit any person from engaging in the following conduct. A registered patient or registered caregiver may be arrested and/or prosecuted for:

  • Being under the influence of marijuana while:
    • Operating a motor vehicle, boat, or vessel, or any other vehicle propelled or drawn by power other than muscular power
    • In a workplace or place of employment
    • Operating heavy machinery or handling a dangerous instrumentality
  • The use or possession of marijuana or marijuana-infused products by a registered patient or the possession of marijuana or marijuana-infused products by a registered caregiver:
    • For purposes other than symptom relief
    • In a manner than endangers the health and well-being of another person
  • The smoking of marijuana in any public place, including:
    • A school bus, public bus, or other public vehicle
    • A workplace, or place of employment
    • Any school grounds
    • Any correctional facility
    • Any public park, public beach, public recreation center, or youth center
  • Using marijuana if that person does not have a debilitating medical condition
  • A registered patient or caregiver may not transport marijuana in public unless it is secured in a locked container
  • A registered patient may not use marijuana while operating or a passenger in a motor vehicle, boat, or vessel, or any other vehicle propelled or drawn by power other than muscular power. Marijuana, while transported in a vehicle, boat, or vessel or any other vehicle propelled or drawn by power, shall be located in a locked container.

A person 21 years of age and older who knowingly and unlawfully possesses one ounce or less of marijuana, or five grams or less of hashish commits a civil violation and shall be assessed a civil penalty as follows:

  • Not more than $200.00 for a first offense
  • Not more than $300.00 for a second offense
  • Not more than $500.00 for a third or subsequent offense
    • A violation of this section shall not result in the creation of a criminal history record of any kind

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Washington

It is unlawful to open a package containing marijuana, usable marijuana, or a marijuana-infused product, or consume marijuana, usable marijuana, or a marijuana-infused product, in view of the general public.

A person who violates this is guilty of a class 3 civil infraction:

  • The maximum penalty and the default amount for a class 3 civil infraction shall be $50.00, not including statutory assessments.

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https://www.leafly.com/news/cannabis-101/public-consumption-laws-a-state-by-state-guide
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