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Does CA H.S.C. section 11362.79(b) apply when school is not in session?

San Diego, CA |

I am a medical marijuana patient and I live in an apartment complex across the street from an elementary school. I realize that I am exempted from section 11362.79 if I am medicating in my home, but there is a strict no-smoking policy in the apartment complex, so instead I would prefer to medicate in my car while it is parked (with the engine off, and me sitting in the backseat) on the street outside the complex. This is just across the street from the school, but it would always be between midnight and 3am, when school is not in session. Would I be in violation of 11362.79(b)? Thanks.

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Attorney answers 3


Yes. You are also asking for trouble by doing this in the backseat of your car at that time of day. While your medical use may excuse you, eventually the police are going to spot some weirdo in the back seat of his car smoking and give you some trouble. Be careful.

Because I was recently congratulated by an Avvo questioner for having the courage not to use a disclaimer, let me make it clear that I have always answered questions subject to the Avvo general disclaimer. The answers I give are for educational purposes and not to be relied upon for legal advice. No attorney-client relationship is intended or established by virtue of these answers.


It does. You would be violating 11362.79 if you smoke as you describe. The no-smoking police of your apartment complex actually violates the law by prohibiting medical marijuana use. Call Fran Campbell, a landlord-tenant attorney in Los Angeles, to write a letter to your landlord to prevent your eviction if you smoke in your apartment.


Yes, you would. I have attached the language of HS11362.79 for your review.

Stop this nonsense about smoking in the back seat of your car on the street outside your complex, and look into contesting the policy against preventing you from "self-medicating" within your own apartment.

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