Bellingham, WA Public Conduct: Public Marijuana Use (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].
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?
What is the fine for public marijuana use in Bellingham?
Does opening a marijuana package count even if I don't smoke it?
Is this the same charge as drinking alcohol in public?
Sources & Official References
Other rules in Bellingham
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