We recognize that a literal reading of
Health and Safety Code section 11556 could proscribe some kinds of conduct which cannot constitutionally be considered criminal. If one purchases a ticket and enters a motion picture theater where one has every right to remain, and midway through the film one views a person in the theater whom one knows to be smoking marijuana, must one (a) leave immediately for fear of prosecution under
section 11556, or (b) force the smoker to stop using the narcotic? An individual might find himself in situations, such as at a party, theater, or dance hall, or in a hotel lobby, bus, apartment, or taxi, or even in a private automobile, where he had no relation to the acts of others who might be disposed to use marijuana. As this court has held: ‘If the defendant ‘did not act to aid, assist, or abet’ the perpetration of the crime, he is guilty of no violation of law from the mere fact that he was present * * *‘ and knew of its commission. (
People v. Woodward (1873) 45 Cal. 293, 294 (defendant admitted he had seen offense but had not acted to prevent it.).)