Skip to main content
CityRuleLookup

El Dorado County, CA Public Conduct: Public Marijuana Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing chapter
County Code Chapter 8.60, adopted by Ordinance No. 4190
Smoking definition
Includes 'weed, or plant,' not only tobacco
First-offense fine
Up to $100 infraction
Repeat-offense fine
Up to $500 within one year
Enforcing agency
Department of Environmental Management Director

Summary

El Dorado County's public smoking ordinance defines 'smoking' broadly, in County Code Section 8.60.030, to include lighting or burning any pipe, cigar, cigarette, weed, or plant, and Section 8.60.040 bans that smoking in dozens of enumerated enclosed public places, from stores and banks to restaurants and County buildings, so marijuana smoking is illegal anywhere tobacco is.

These county ordinances apply to unincorporated areas of El Dorado County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Smoking means lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed, or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant, or other ignited combustible substance in any manner or in any form. ... it is unlawful for members of the general public or any other person within the unincorporated area of the County or in the incorporated areas if such place is a County-owned or -leased building, including an employee, to smoke in the public places open to the public as named and described in Subsections A.1 through 11 of this section, inclusive, and other enclosed public places that are open to the public and similarly situated...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 13 Update 4).

Full Breakdown

Adopted in 1991 under Ordinance No. 60 of the County Code, was written to curb secondhand tobacco smoke, but its definition of 'smoking' sweeps in more than cigarettes. 030 defines smoking as lighting, inhaling, exhaling or burning any pipe, cigar, cigarette, weed, or plant, or carrying any lighted version of the same. 040 bans smoking generally. That section lists eleven categories of enclosed public places where smoking, including marijuana smoking, is unlawful: common work areas, merchandise and checkout areas, hallways, restrooms, elevators and stairways, lobbies, reception areas, waiting rooms, service lines, classrooms and meeting rooms, and any other place where the public congregates.

The same prohibition extends by name to shopping malls, dealerships, grocery and retail stores, banks, hotel and motel common areas, transit terminals, buses, theaters, gyms and pools, recreation halls, restaurant dining and lobby areas, all County buildings, the County courthouse, libraries and museums, hospitals, schools, and licensed day care residences. Owners must post 'No Smoking' signs or the international no-smoking symbol with letters at least one inch tall in every space where the ban applies. The ordinance does not touch outdoor areas, private residences outside licensed day care hours, or the bar exemption that lets bars permit on-premises tobacco smoking.

Violations & Fines

Smoking marijuana or tobacco anywhere Section 8.60.040 bans it is an infraction under Section 8.60.100: up to $100 for a first offense, up to $200 for a second offense within a year, and up to $500 for each further offense within that year. Failing to post the required signage carries the same fine schedule. The Director of the Department of Environmental Management enforces the chapter and can pursue civil actions to recover fines under Government Code Section 25132.

Frequently Asked Questions

Can I smoke marijuana in an El Dorado County store or restaurant?
No. Section 8.60.030 defines smoking to include burning any 'weed, or plant,' and Section 8.60.040 bans that smoking inside stores, restaurant dining and lobby areas, banks, and dozens of other enclosed public places countywide. The same fine schedule that applies to cigarette smoking in those places applies to marijuana.
What is the fine for smoking marijuana where it is banned?
Section 8.60.100 makes a first violation an infraction punishable by a fine of up to $100, a second violation within a year up to $200, and a third or later violation within that year up to $500, the same schedule used for tobacco violations under this chapter.
Does the county ban apply outdoors?
No. Section 8.60.040 lists specific enclosed public places, such as lobbies, hallways, stores, restaurants, and County buildings; it does not reach outdoor sidewalks, parks, trails, or parking lots. This chapter's smoking ban only applies within the enclosed spaces the section names.

Sources & Official References

Other rules in El Dorado County

All El Dorado County rules

California rules heatmap·Compare El Dorado County to another location·View the California public conduct overview

Get notified when Public Marijuana Use in El Dorado County, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.