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Arvada, CO Public Conduct: Public Marijuana Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Ban
Open and public display, use, or consumption
First offense
$200 minimum fine
Second offense
$300 minimum fine
Third+ offense
$500 minimum fine each
No medical defense
§ 62-216(b) excludes public-use charges

Summary

City Code § 62-213(c) makes it unlawful to openly and publicly display, consume, or use marijuana anywhere in Arvada, backed by minimum fines starting at $200 for a first offense and $500 for each additional violation under § 62-218.

Open and public, or openly and publicly, means a place that is commonly or usually open or accessible by the general public including but not limited to parks, open space areas, trails, paths, sidewalks, streets, highways, and public rights-of-way, mercantile establishments, shopping centers, places of business open to the general public, the common areas of any multi-family dwelling units, parking lots, and vehicles in or upon such places. Open and public does not include the yard, deck, or patio of a single family dwelling unit, condominium, duplex, or town home that is completely enclosed by a solid privacy fence or otherwise screened from ordinary view such that the activity within is not readily apparent to neighbors or passersby....(c)Open and public consumption. It shall be unlawful for any person to openly and publicly display, consume, or use marijuana.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Council Policy Manual: Supplement 1 | Code of Ordinances: Supplement 67).

Full Breakdown

§ 62-213, enacted by Ordinance No. 4392 in 2013 under the city's home-rule police powers, bans marijuana activities beyond what state constitutional amendments allow. ' The article also separately bans possession of more than one ounce by anyone 21 or older, any possession by someone under 21, transporting more than six plants (no more than three flowering), and any marijuana possession, use, or display on city-owned property. Unlike simple possession, the state constitutional affirmative defenses for medical patients and caregivers do not apply to a public-consumption charge; § 62-216(b) expressly excludes open-and-public-consumption charges from that defense. 00 minimum for each additional violation, with every day of a continuing violation counted as a separate offense.

Violations & Fines

Openly displaying, consuming, or using marijuana in a public place, on a sidewalk, in a park, or in the common area of an apartment complex is a petty offense under § 62-218: a minimum $200.00 fine for a first violation, $300.00 for a second, and $500.00 for each subsequent violation, and the medical or retail marijuana affirmative defense in § 62-216 does not apply to this charge.

Frequently Asked Questions

Can I smoke marijuana on my apartment balcony in Arvada?
It depends on visibility, not tenancy: § 62-211 excludes only a completely fenced or screened yard, deck, or patio where use isn't visible to neighbors. A balcony or patio visible from a walkway or another unit falls within the 'open and public' definition banned by § 62-213(c).
What's the fine for smoking marijuana in a park?
A minimum $200.00 fine for a first violation of § 62-213(c) under § 62-218(b), rising to a $300.00 minimum for a second violation and a $500.00 minimum for each additional violation, with each day of continued violation charged separately.
Does a medical marijuana card protect me from a public-use ticket?
No. § 62-216(b) specifically excludes public consumption, open marijuana container, sale, and city-property charges from the affirmative defenses otherwise available to registered patients and caregivers under Section 14 of Article XVIII of the Colorado Constitution.

Sources & Official References

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