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Peter Griesch
Peter Griesch,
Category: Criminal Law
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Experience:  Tax Counsel at AIG, Inc.
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I'm specifically looking citation on the actual California

Customer Question

I'm specifically looking for a citation on the actual California law on the following matter.
My wife and I own and operate a small non-denominational K-8 private school in Los Angeles County. It's a small building right on the street. We've been there about 25 years. Our front door is 15 feet from the sidewalk. Our block is zoned both commercial and residential. South of us is a small home (the lot is 25 feet wide) and just south of that home is another small home. On 2 or 3 days in the past few weeks, parents walking up the sidewalk to our school to pick up their children (about 5:00 pm) have reported that 2 boys (around 15 years old) are smoking marijuana in the front yard of that house 2 doors down from us, about 50 feet from the entrance to our school. One boy lives there with his father (who does not get home from work until later), and the other boy is a friend. Our parents have told them they shouldn't be doing that, and their view is, basically, screw off, we can do whatever we want on our own property. We have spoken with the father in the past about this, and he does not approve of the behavior. But he is not there.
I spoke with a Sheriff's deputy at the local station today and was surprised when he said there was not much they could do. He said to call them when it next occurred and they might be able to send someone over to talk to the boys. He just seemed to be sort of bored about the whole thing.
I had thought there were "drug-free" zones around schools, established by law, but maybe there are loopholes -- you have to be on a public sidewalk, or the smoke has to be entering the school area and smelled by students, etc.. I really don't know anything, but I was surprised that the Sheriff's Dept. was so ho-hum about it.
I would like to know what is actually written ("chapter and verse") so that I can know what the law actually says and whether marijuana smoking in a front yard 50 feet from a school is okay, or if it is illegal and the Sheriff's Dept. is just soft on this sort of crime in my area.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

Thank you for your question.

The law is California H&SC 11362.7-.83. It was enacted effective in 2004, and it states, in part, a person may not smoke marijuana in no smoking zones, within 1000 feet of a school or youth center except in private residences.

I hope this helps.

Expert:  Peter Griesch replied 1 year ago.

Please remember to rate my response. Just Answer only pays its experts if the customer rates the response.

Customer: replied 1 year ago.
This law is the California Medical Marijuana Program Act. I do not think it would apply to teens smoking in their front yard next to a school. I thought there was some law that established a drug-free safe zone around schools. But maybe it doesn't apply if the kids are in their own front yard. That's what I'm trying to find out.
Expert:  Peter Griesch replied 1 year ago.

The law is broad, and while it does expand California's medical marijuana laws, whether for recreational or medical purposes, use in certain areas is prohibited.

Expert:  Peter Griesch replied 1 year ago.

Please don't forget to rate my response. Just Answer only pays its experts if the customer rates the response.

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