Is Smoking Allowed On Twitch

Are Yous Allowed to Smoke Weed on Twitch?

It's 2020 and smoking weed is nearly as controversial equally brewing a loving cup of coffee these days, at least in North America. Notwithstanding there's always a fearfulness of getting in problem for it.

Unfortunately, nosotros aren't *quite* out of the woods of cannabis prohibition yet — at the time of this writing, Canada has fully legalized marijuana while 10 of the United states's states are now recreationally legal. Yet the pesky American regime continues to enforce a "schedule i" prohibition, creating a bizarre grayness area of semi-legality across the nation.

So…. tin you smoke weed on Twitch without losing your account?

To discover the answer to this question, I read Twitch's entire Terms of Service give-and-take-for-word. On superlative of that, I researched and found enlightening historical examples relating to this subject. Finally, I went alee and personally smoked weed on camera while streaming on Twitch.

We will put all three of these things together to find the most accurate and thorough reply to this question that has EVER BEEN WRITTEN! That'south right. Let's get into it.

The Snoop Dogg Incident

Here'due south a video of the first ever sanctioned weed smoking on Twitch: Snoop Dogg smoking a blunt in 2018.

While doing a live stream to promote a new video game, Snoop decided to light one upwardly. Cannabis was freshly legal in the state as a recreational drug. For the first fourth dimension, Twitch stayed silent while a loftier profile stream featured marijuana use.

This is pure speculation (Twitch refuses to explicitly comment on weed, which we will talk over soon), but most people assume that he was "allowed" to do so (i.eastward. the channel didn't become a suspension) thank you to California's full legalization of weed a few months prior. The supposition is that if this had happened in 2017, it would accept resulted in a ban.

Celebrities do not always get the rule-complimentary handling on Twitch. Andy Dick was banned for doing cocaine on stream (NSFW Warning: Explicit Drug Use — https://youtu.be/8StehvC9FLI). I oasis't done any extra research on this but it appears clear to me that other illegal drugs will result in a fast and unavoidable ban.

The Second-Hand Info From Reddit

This thread features a redditor request about the legitimacy of smoking weed on stream. That same redditor follows up with an email response supposedly from Twitch customer service. It appears totally legitimate, though in that location is no "proof" that the e-mail is real.

Twitch's response is curt and to the point. I will quote the most relevant office: "We discourage broadcasters from the employ of marijuana on our services. If doing so violates your local laws, causes you to inflict damage upon yourself, or is a focus of your broadcasts, this activity is entirely prohibited from broadcast."

This paragraph states that marijuana use is DISCOURAGED just not banned. It is banned if it violates your local laws. The word "local" is important since it means that streamers in the Us can partake in weed on stream if they reside in one of the ten legal states.

The Direct Source: Twitch's Terms of Service Agreement

In preparation for writing this article I read the entire Twitch terms of service. It's a lot shorter than I expected. You tin come across the whole thing over hither.

In that location are three sections of the terms of service that relate to smoking weed on stream. Here is each one, followed past my own commentary. In case it isn't obvious, I am not a lawyer, I'grand a musician and gamer, and then none of this is backed by deep legal knowledge or anything — only common sense.

Office I: "YOU Hold NOT TO violate any law, contract, intellectual holding or other third-party right or commit a tort, and that yous are solely responsible for your conduct while on the Twitch Services."

This part is clear every bit twenty-four hour period. If any activities you lot do on stream are against the law, you lot can be banned from Twitch for them.

Twitch operates in a grey area where they seem to avert enforcing this rule on weed smokers unless information technology crosses some sort of undefined line. The TOS is super clear though. If Twitch decides they want to ban you lot for smoking weed, they can.

This aforementioned logic applies, for case, to jaywalking during an IRL stream. Jaywalking, i.eastward. crossing the street when information technology's non allowed by law, is utterly commonplace in many cities around America. If a streamer technically is jaywalking on stream, they probably wouldn't get in trouble — but if they run beyond a busy highway and nearly impale themselves, they might get banned. It'south a grey area that allows Twitch to ban "problem users" while likewise allowing people to go away with it under reasonable situations. This comes with the price of allowing for corruption (i.e. i streamer being treated differently than another past moderation staff)

The second relevant part of the TOS: "To the fullest extent permitted by applicable constabulary, Twitch reserves the right, without notice and in our sole discretion, to end your license to use the Twitch Services (including to post User Content), and to block or forestall your hereafter access to and use of the Twitch Services"

Twitch can "cease your license" (ban you from Twitch forever) at their "sole discretion" (whatever reason they desire) and "without observe" (no warning).

In other words, whenever you contend nigh if Twitch is "immune" to ban yous, it'due south non a legal argument. Twitch is always legally allowed to ban you. What you're really request is — will it actually happen? Or can you lot get away with information technology? Tin can you land in the prophylactic part of the gray area?

If you lot don't believe me, look at the TOS for yourself. I don't know if the partner agreements or high level contracts enforce different rules, just for affiliates and non-affiliate streamers, this is the style it works.

The tertiary relevant portion of the TOS: "If we fail to practise or enforce whatsoever right or provision of these Terms of Service, it will not constitute a waiver of such right or provision."

This office ways that the past is irrelevant. If Twitch did 1 affair yesterday, they have the right to do a different thing today. They accept the full legal authority to modify their mind without warning or prior find.

Should Yous Fume Weed on Twitch?

Given the Terms of Service, y'all take a few options.

The absolute safest option is to non fume weed on stream. Don't talk most information technology, don't smoke information technology, not even in a legal land. This gives you lot full confidence that y'all will never face whatever weed-related consequences on stream.

The mutual sense option is to just smoke weed if you are a resident of a legal state or country, and even then only when you are physically located in a legal surface area at that fourth dimension. In other words, no streaming with weed from an illegal state — but when dwelling, in your legal abode, go ahead. This is the implicit rule that Twitch is enforcing.

The risky option is to practise whatever the fuck you want — smoke from an illegal place and talk all most it. Information technology's not wise legally and will become you lot suspended, mayhap even banned, if yous get "caught." But the truth is that I personally know of at to the lowest degree one streamer with a twenty+ average concurrent viewership who smokes weed all time and has never been in problem for it. This pick is "risky" but you lot will probably exist fine. The real adventure is if you lot want to get a Twitch partner. I cannot confirm that smoking weed on stream volition or won't touch your ability to be canonical for partnership.

To reduce risk, downplay the weed thing. Treat it like a cup of coffee — information technology'southward fun, merely y'all don't demand to focus on it and talk virtually information technology over and over over again. Twitch'southward main dominion seems to exist that "drug employ" (i.e. weed smoking, alcohol, etc) should not be the primary focus of the stream. Proceed it chill and enjoy.

Basically, if you're a pothead and cannabis is a office of your brand, become for it. But if weed is the kind of thing you just partake in once-in-a-while, it might be prudent to not explicitly practice it on stream. You lot could always have a puff or two off camera.

I hope your stream is a huge success. Skilful luck and have fun!