Plastic Straws Are Now Illegal in California Restaurants A bill proposed in the state would make it illegal for servers to hand out plastic straws. The "Straws Upon Request" legislation criminalizes straw distribution. However, customers can ask for straws. The legislation intends to raise awareness about the harmful effects of plastic. Majority Leader Ian Calderon clarified that the violating the bill will not result in jail time, but a fee up to $1,000.