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Bellingham, WA Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing section
BMC 10.08.080
Violation class
Civil infraction
Maximum fine
$250.00 plus statutory assessments
THC threshold for "marijuana"
Greater than 0.3% dry weight
Covers
Opening package and consuming/using
Separate, harsher offense
Possession over 40g is a misdemeanor (BMC 10.08.020)

Summary

Bellingham bars anyone from opening a marijuana package or consuming marijuana or a marijuana-infused product anywhere open to the view of the general public. BMC 10.08.080 makes the offense a civil infraction capped at $250, a lighter charge than the city's separate misdemeanor for unlawful possession of larger amounts.

A. It is unlawful to open a package containing marijuana or a marijuana-infused product, or to consume or use marijuana or a marijuana-infused product in a place which is open to the view of the general public. B. Every person who violates any provision of this section shall be guilty of a civil infraction. [Ord. 2012-12-063 § 3].

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 2026-06-015, passed June 1, 2026).

Full Breakdown

080(A) prohibits opening a package containing marijuana or a marijuana-infused product, or consuming or using marijuana or a marijuana-infused product, in a place open to the view of the general public. 070. 3 percent on a dry-weight basis, and "marijuana-infused products" as products containing marijuana or marijuana extracts intended for human consumption (excluding useable marijuana itself). "Public place" is defined broadly to include streets and alleys, publicly owned parks and playgrounds, transit depots, and any business premises generally open to and used by the public.

Because this is a civil infraction rather than a criminal charge, no arrest or jail time attaches to a first violation; enforcement runs through the Bellingham Police Department and Whatcom County District Court, the venue for city civil infractions. 020, which makes possessing more than 40 grams of marijuana (or any amount by someone under 21) a misdemeanor punishable by a minimum 24-hour jail term and a $250 minimum fine. The public-consumption rule was added by Ord. 2012-12-063 § 3, enacted after Washington voters legalized recreational marijuana under I-502, and it has not been amended since.

Violations & Fines

A first violation of BMC 10.08.080 is a civil infraction. Under the city's general penalty schedule, BMC 1.28.010(D), a civil infraction carries a fine of not more than $250.00, plus mandatory statutory assessments added on top of that amount. There is no separate escalated penalty written into BMC 10.08.080 itself for repeat violations; each incident is charged individually as a civil infraction.

Frequently Asked Questions

Is smoking marijuana on a Bellingham sidewalk illegal?
Yes. BMC 10.08.080(A) prohibits consuming or using marijuana or a marijuana-infused product in any place open to the view of the general public, which includes streets, sidewalks, and other public places as defined in BMC 10.08.010. A violation is a civil infraction, not a criminal charge.
What is the fine for public marijuana use in Bellingham?
Up to $250.00 under the city's general civil infraction penalty in BMC 1.28.010(D), plus mandatory statutory assessments added by the court. The ordinance itself, BMC 10.08.080, does not set a separate fine amount and instead relies on this citywide default.
Does opening a marijuana package count even if I don't smoke it?
Yes. BMC 10.08.080(A) separately prohibits opening a package containing marijuana or a marijuana-infused product in public view, in addition to consuming or using it, so simply breaking the seal on a product in public can itself be a civil infraction.
Is this the same charge as drinking alcohol in public?
It carries the same civil infraction classification as BMC 10.08.070, Bellingham's public liquor consumption rule, but the two are separate sections with separate definitions; a marijuana citation is charged under BMC 10.08.080.

Sources & Official References

Other rules in Bellingham

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