Section 11362.1 does not amend, repeal, affect, restrict, or preempt:
(a)Laws making it unlawful to drive or operate a vehicle, boat, vessel, or aircraft, while smoking, ingesting, or impaired by, cannabis or cannabis products, including, but not limited to, subdivision (e) of Section 23152 of the Vehicle Code, or the penalties prescribed for violating those laws.
(b)Laws prohibiting the sale, administering, furnishing, or giving away of cannabis, cannabis products, or cannabis accessories, or the offering to sell, administer, furnish, or give away cannabis, cannabis products, or cannabis accessories to a person younger than 21 years of age.
(c)Laws
prohibiting a person younger than 21 years of age from engaging in any of the actions or conduct otherwise permitted under Section 11362.1.
(d)Laws pertaining to smoking or ingesting cannabis or cannabis products on the grounds of, or within, any facility or institution under the jurisdiction of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or on the grounds of, or within, any other facility or institution referenced in Section 4573 of the Penal Code.
(e)Laws providing that it would constitute negligence or professional malpractice to undertake any task while impaired from smoking or ingesting cannabis or cannabis products.
(f)The rights and obligations of public and private employers to maintain a drug and alcohol free workplace or require an employer to permit or
accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace, or affect the ability of employers to have policies prohibiting the use of cannabis by employees and prospective employees, or prevent employers from complying with state or federal law.
(g)The ability of a state or local government agency to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 within a building owned, leased, or occupied by the state or local government agency.
(h)The ability of an individual or private entity to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 on the individual’s or entity’s privately owned property.
(i)Laws pertaining to the Compassionate Use Act of
1996.
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 2019–2021 · leading case:
People v. Raybon, 492 P.3d 937 (Cal. 2021).
People v. Raybon, 492 P.3d 937 (Cal. 2021).
· cites it 6× “6 falls within an exception set forth in Health and Safety Code section 11362.45, subdivision (d) stating that Proposition 64 has no effect on laws “pertaining to smoking or ingesting cannabis or cannabis products” in state correctional facilities.”
People v. Raybon, 36 Cal. App. 5th 111 (Cal. Ct. App. 2019).
· cites it 2× “) As described above, Health and Safety Code section 11362.45 states that: " Section 11362.”
People v. Raybon, No. S256978A (Cal. Aug. 12, 2021).
· cites it 6× “6 falls within an exception set forth in Health and Safety Code section 11362.45, subdivision (d) stating that Proposition 64 has no effect on laws “pertaining to smoking or ingesting cannabis or cannabis products” in state correctional facilities.”
People v. Raybon, No. C084853 (Cal. Ct. App. June 11, 2019).
“) 13 The Attorney General insists, however, that without possession, Health and Safety Code section 11362.45, subdivision (d) is mere surplusage; the language “pertaining to” must have a purpose.”
People v. Herrera, 52 Cal. App. 5th 982 (Cal. Ct. App. 2020).
“6(a) prohibits “possession” of controlled substances in a penal institution and does not expressly address smoking or ingesting such substances, Health and Safety Code section 11362.45(d) carves out from 9 Proposition 64’s legalization of cannabis “[l]aws pertaining to smoking…”
People v. Hernandez, No. D076941 (Cal. Ct. App. Nov. 24, 2020). “Hernandez also points out that the carve-out in Health and Safety Code section 11362.45, subdivision (d), does not refer to laws criminalizing the possession of cannabis in a correctional institution, and instead refers only to “smoking or ingesting cannabis.”
People v. Johnson, No. E073775 (Cal. Ct. App. Dec. 11, 2020). “Perry, the First District rejected the defendant’s claim that because Health and Safety Code section 11362.45, subdivision (d), does not specify possession of cannabis within a facility or institution under the jurisdiction of the Department of Corrections and Rehabilitation,…”
All of Us or None etc. v. Hamrick, No. D076524 (Cal. Ct. App. May 26, 2021).
“) In Whalum, supra, this court considered the meaning of a statutory provision, Health and Safety Code section 11362.45, subdivision (d), that carved out “ ‘[l]aws pertaining to smoking or ingesting cannabis’ in correctional institutions from Proposition 64’s legalization of…”
Cal. Health and Safety Code § 11362.45(d): 3 cases
People v. Raybon, 492 P.3d 937 (Cal. 2021).
“6 falls within an exception set forth in Health and Safety Code section 11362.45, subdivision (d) stating that Proposition 64 has no effect on laws “pertaining to smoking or ingesting cannabis or cannabis products” in state correctional facilities.”
People v. Herrera, 52 Cal. App. 5th 982 (Cal. Ct. App. 2020).
“6(a) prohibits “possession” of controlled substances in a penal institution and does not expressly address smoking or ingesting such substances, Health and Safety Code section 11362.45(d) carves out from 9 Proposition 64’s legalization of cannabis “[l]aws pertaining to smoking…”
People v. Raybon, No. S256978A (Cal. Aug. 12, 2021).
“6 falls within an exception set forth in Health and Safety Code section 11362.45, subdivision (d) stating that Proposition 64 has no effect on laws “pertaining to smoking or ingesting cannabis or cannabis products” in state correctional facilities.”
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