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Madera County, CA Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Where it's legal
Only inside a private residence
Applies to
Recreational and medical marijuana alike
Medical exception
Licensed clinics, care facilities, hospices
Scope
Unincorporated Madera County only
Penalty
Misdemeanor under Chapter 1.12

Summary

Smoking, ingesting, or otherwise consuming marijuana anywhere outside a private residence is illegal across unincorporated Madera County: the ban covers recreational and medical use alike, with narrow exceptions for licensed medical facilities.

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

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the unincorporated areas of the county unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings unless those buildings are at all times fully enclosed during the consumption.

Medical marijuana may also be consumed within a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.

All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

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 52).

Full Breakdown

Madera County Code §18.87.070 bans marijuana consumption, smoking, ingesting, or otherwise, everywhere in the unincorporated county except entirely within a private residence's habitable areas; garages and accessory buildings only qualify if fully enclosed during use. The rule applies equally to recreational and medical marijuana. Medical marijuana may also be consumed inside a licensed clinic, health care facility, residential care facility, or hospice. Even where consumption is otherwise lawful, the ordinance requires it be done so odors and other impacts don't create a nuisance for neighbors. This governs unincorporated territory only, it does not reach the cities of Madera or Chowchilla.

Violations & Fines

Violating Chapter 18.87 is a misdemeanor under Madera County Code §18.87.080, punishable per Chapter 1.12, with each day of a continuing violation charged as a separate offense; the county may also pursue nuisance abatement.

Frequently Asked Questions

Can I smoke marijuana on my porch or in my yard in unincorporated Madera County?
No. Consumption must occur entirely within a private residence's habitable interior; unenclosed patios, yards, and garages don't qualify unless fully enclosed during use.
Does this rule apply inside the City of Madera?
No. This is a county ordinance governing unincorporated territory only; the City of Madera and City of Chowchilla set their own rules within their limits.

Sources & Official References

Other rules in Madera County

All Madera County rules

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

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