Its next to legal. In some citys like say...San Francisco its the single most lowest priority crime at the moment and has been for the past few years. That means the cops will charge you with jay walking before they bust you for smoking herb. Its pretty cool, when i lived in the bay i would go up to SF on the Cal train about once a week if not more because it was only a 30 to 40 minute ride. People were smoking in public left and right.
