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Pot Smoking in Palo Alto. What is the law?

Original post made by Concerned, Another Palo Alto neighborhood, on Jan 1, 2018

I am concerned about the new legalization of pot and have many questions.

Are the police going to be ticketing those who break any no smoking laws around town?

What will the police do if they come across a group of underage smokers?

What will happen to pot smokers who congregate in city lots or garages to smoke? What will happen to those who walk with children into these garages and lots where pot is being smoked?

What can neighbors do when smoke is wafting into their back yards, or patios, or decks, or balconies?

Is there anywhere in town where it is legal to smoke pot?

What can those of us who don't want to inhale second hand smoke do to protect ourselves?

What education about the dangers of pot smoking are being made to local residents who think it is now a good thing to do since it is legal?

Comments (8)

Posted by Abitarian
a resident of Downtown North
on Jan 2, 2018 at 5:05 pm

Palo Alto City Ordinance 9.14 "Smoking and Tobacco Regulations" details prohibitions against smoking and use of electronic smoking devices within the city. See Web Link

Indeed, in many places around town, it is illegal to smoke, vape, or use any device to inhale plant-based substances, including tobacco and marijuana.

Among many other locations, there are restrictions on smoking within public areas such as parks, within 25 feet of all entrances to and exits from commercial buildings, and within one's own home inside of a multi-unit residence such as a condominium or apartment building.

While the law does specify penalties for smoking violations, until this point, the city has only very rarely cited offenders.

People constantly smoke on downtown streets and parks, and while most of the violators are using tobacco, the scent of marijuana often lingers in the air. In fact, I have even witnessed a uniform-wearing city employee illegally smoking directly outside of the police station doors at City Hall.

Just now, I phoned the Palo Alto Police Non-Emergency number to ask how to report a violation. The dispatcher did not know how to make such a report, but confirmed the Police would not respond. She suggested contacting Code Enforcement. I sent them an email and will post any information they provide.

When the revised smoking law, including marijuana, was approved by City Council, City Manager Jim Keene said the city would not enforce it and suggested people contact the Santa Clara County Sheriff. Somehow, I can hardly imagine officers racing here from San Jose to catch smokers and vapers.

Perhaps with the legalization of recreational marijuana, Palo Alto will become more vigilant about enforcing the prohibitions. But, if history is any guide, this is extremely doubtful.

BTW, it is still illegal to sell marijuana in Palo Alto, for either medicinal or recreational purposes.


Posted by Gin Martini (shaken)
a resident of Charleston Gardens
on Jan 2, 2018 at 5:21 pm

There's a lot less pot smoke/odor around in the last few years - all over. I used to notice it during my evening constitutional; always it was folk popping out in their backyard for their evening 'cocktail' via a doob, pipe etc.

Why less odor?

Vapes.

Lighten up (yeah, both figuratively and literally.)


Posted by Juan
a resident of Mountain View
on Jan 3, 2018 at 7:34 am

Marijuana is a schedule 1 drug with no recognized medical value (similar to heroin). It is illegal to consume it in public, even in the state of California. If you are in public and smell marijuana (eg. while walking on a public sidewalk, in a public parking lot, at a public bus station) then the law has been violated and I suggest to call the non-emergency phone number of the local police.


Posted by Concerned
a resident of Another Palo Alto neighborhood
on Jan 3, 2018 at 5:21 pm

Can someone tell me if my neighbors are smoking pot in their backyard and the smoke is wafting into my yard where my children are playing, can I call the police? Is this a nuisance or against the law?

I am also very concerned about some of the reports I have heard about people smoking pot and driving. Does the average pot smoker understand the dangers of smoking and driving? Everyone has heard about don't drink and drive, but since it is legal to smoke tobacco and drive, there must be a move to stop people smoking pot and driving. I hope that on any package of pot there are warning labels, something similar to to tobacco packages that contain warnings about health issues.

As a parent who warns against the dangers of all drugs, this situation is something I feel very strongly about.


Posted by Juan
a resident of Mountain View
on Jan 3, 2018 at 6:30 pm

If the smoke is wafting into your yard then your neighbors are breaking the law by smoking in public. You can call the police non-emergency line, but I would suggest chatting with them first. But do be careful, Marijuana is a powerful narcotic and users have been known to become irrational and violent, at times. Definitely keep your distance while having the chat.


Posted by Hahaha
a resident of Green Acres
on Jan 4, 2018 at 11:39 am

>> Marijuana is a powerful narcotic and users have been known to become irrational and violent, at times. Definitely keep your distance

Marijuana has also been known to make people laugh too, but I am not sure as much as Juan's comments. :-)

MARIJUANA (CANNABIS) FACT SHEET - Web Link
ISSUES STUDY COMMITTEE OF THE BRUIN HUMANIST FORUM
Copyrighted by the Bruin Humanist Forum 1967

Marijuana is not a narcotic. Although California law calls it a narcotic, it is pharmacologically distinct from the family of opium derivatives and synthetic narcotics. (Wolstenholme, 1965; Watt, 1965; Garattini, 1965; 1 Crim 5351 Calif. District Court of Appeal, 1st Appel. Dist.)

Marijuana is not addicting. The use does not develop any physical dependence (see below). (Mayor's Committee on Marihuana, New York City, 1944; Allentuck & Bowman, 1942; Freedman & Rockmore, 1946; Fort, 1965a, 1965b; Panama Canal Zone Governor's Committee, 1933; Phalen, 1943; Indian Hemp-Drug Commission, 1894; Watt, 1965; I Crim 5351 Calif. District Court of Appeal, 1st Appel. Dist.; United Nations, 1964a, 1964b)

In a small percentage of individuals, a "psychological dependence" can develop, but a predisposition must be present. In his paper, "Dependence of the Hashish Type," Watt (1965, p. 65) concludes: The habit is gregarious and is easily abandoned. Personality defect and incipient or existing psychotic disorder are the essential factors underlying the formation of the habit.

Marijuana is not detrimental to the user's health. Even when used over long periods of time, it does not appear to cause physical or psychological impairment. (Mayor's Committee on Marihuana, New York City, 1944; Freedman & Rockmore, 1946; Fort, 1965a, 1965b; Panama Canal Zone Governor's Committee, 1933; Phalen, 1943; Indian Hemp-Drug Commission, 1894; Becker, 1963)

Marijuana does not tend to release "aggressive behavior." On the contrary, its use inhibits aggressive behavior; it acts as a "tranquilizer." (Mayor's Committee on Marihuana, New York City, 1944; Fort, 1965a, 1965b; Panama Canal Zone Governor's Committee, 1933; Phalen, 1943; Garattini, 1965) Marijuana does not "lead to" or "promote" the use of addicting drugs. "Ninety-eight percent of heroin users started by smoking tobacco and drinking alcohol firsts" (Mayor's Committee on Marihuana, New York City, 1944; Fort, 1965a, 1965b; Panama Canal Zone Governor's Committee, 1933; Phalen, 1943; Garattini, 1965) Marijuana comes from the Indian hemp plant, which was formerly grown widely in the United States for the making of rope, and which still grows wild in many areas. Up until a few years ago it was a main ingredient in commercial bird-seed. Leaves and flowering tops provide the cannabis (commonly known in the Western Hemisphere as marijuana, grass, or pot); the resin and pollen, in which the active ingredients are highly concentrated, are the source of "hashish." (Wolstenholme, 1965)


Posted by Gin Martini (shaken)
a resident of Charleston Gardens
on Jan 4, 2018 at 12:48 pm

Juan: you just trolling with that movie from the 30's? Awesome riff! Well played, suh!

and: "I am also very concerned about some of the reports I have heard about people smoking pot and driving" "reports"? whaaaa.....???

Okey-dokie, got it. What about the 10,000 Americans killed every year in drunk driving incidents? I'm sure the couple mj driving deaths rank right up there with the 10k dead Americans.

Lastly: Trump promised in 2016 to respect states rights re: pot. Now his AG is trying to prosecute pot states just to fill some empty beds in their donor's private, for profit, prisons.

Promises! MAGA - lie and fill the swamp with Sessions-type creeps!


Posted by Gin Martini (shaken)
a resident of Charleston Gardens
on Jan 5, 2018 at 10:13 am

Number 1 cause of death for Americans younger than fifty - DRUGS.

60,000 Americans die of opioid/heroin use. A year.

Drunk driving - 10,000+ a year.

Pot? Per year? The answer is probably non-zero, but how many? ten? twenty? one hundred? two? a single death? Zero?!? Omigawd!

Some small zero or non-zero number vs 60K a year, partially fueled by Big Pharma.

Disgraceful to have Juan and other posters throw all this nonsensical fear about herb.

----

Whoops! My bad! The rate of marijuana deaths REMAINS STEADY. Just gad to use the google machine:

"The rate of absolutely zero deaths from a marijuana overdose remained steady from last year, according to figures released this month by the Centers for Disease Control."


Shall we close all the booze stores and replace them with smoke shops? Sadly, I'll have to smuggle my gin in from Humboldt, or just re-purpose my bathtub.

Sigh.


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