Ryan Burns / Friday, Jan. 19 @ 4:30 p.m. / Local Government, Marijuana and/or Cannabis
Just ‘Cause Weed’s Legal Now Doesn’t Mean You Can Smoke (or Ingest or Vape) It In Public, Eureka Reminds You
From the City of Eureka:
While adults over the age of 21 may now legally purchase and consume recreational cannabis products in California, it is important for the public to be aware that there are still many legal restrictions in place.
The consumption of cannabis products through smoking, ingesting, drinking, vaping, etc. is not legal in public places. This includes sidewalks, streets, alleys, parks, public trails, waterways, federal lands, beaches, government-owned lands, and other public places. In Eureka, consumption may not occur in restaurants, bars, retail stores, or any other commercial businesses that have general public access.
The consumption of cannabis is also illegal anywhere smoking tobacco is prohibited, including but not limited to: recreational areas, public places, common areas, within thirty feet of a building, within enclosed places of employment, unenclosed dining areas, within 100 feet of the Eureka Boardwalk, private unenclosed areas (such as a porch, balcony, deck etc), and service areas. The consumption of cannabis is also illegal within 1,000 feet of schools, day care centers, and youth centers while children are present.
Individuals that choose to consume recreational cannabis should do so responsibly and on private property (with permission from the owner). Also note that property owners and landlords can ban the use and possession of cannabis on their properties.
Drivers and passengers may not consume cannabis in a vehicle, whether the vehicle is in motion or stationary. If you have cannabis in your vehicle, it must be in a closed container that is not accessible while driving. Otherwise, it must be kept in the trunk of the vehicle.
Law enforcement officers are authorized by State Law to conduct cannabis sobriety tests. Driving under the influence of cannabis is illegal. While it is not illegal to be under the influence of cannabis in public, a person may be considered intoxicated (or “drunk in public”) for the purposes of Penal Code 647(f) if they are under the influence of alcohol or drugs, including marijuana, to such an extent that they:
- Are unable to exercise care for their safety or the safety of others, or
- Interfere with, obstruct, or prevent others from using streets, sidewalks, or other “public ways.”
Cannabis remains illegal under federal law. This press release is not intended to be comprehensive of all requirements and limitations for the personal use of cannabis. It is the responsibility of individuals choosing to partake in adult use recreational cannabis to know and understand local, State, and Federal laws.
Individuals with questions about cannabis consumption are encouraged to contact the Eureka Police Department at 707-441-4060. More information may also be found at the following sites: