Oceanside, CA asked in Cannabis & Marijuana Law for California

Q: In California if I have motel and I smoke weed in my car without having my keys on me to drive.

Then go straight to my motel room is that illegal?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: First and foremost, you are NOT allowed to consume legal cannabis in the following places: ANY public place or area; ANY location where tobacco smoking is prohibited; Within 1,000 feet of a school, etc. So the question becomes, where is this car? If on the street, probably not, as the street is a public place. If in the private parking lot of the motel? Possibly, unless the arresting officer deems that to be a "public place." So you are writing from Oceanside, CA, and OPD is not noted for being tolerant of public intoxication. So the answer is that you are doing it at your own risk. Neither I nor any other attorney can give you an assurance that you won't be arrested, tried and convicted of a marijuana law violation by doing what you propose.

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