California legal term
Smoke in California Criminal Law
Current through 2026 California legislative session
In California criminal law, “Smoke” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.
What does “Smoke” mean in California criminal law?
“Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place. (Cal. Health & Safety Code § 11362.3)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.