Billings, MT Public Conduct: Public Marijuana Use (2026)
Key Facts
- Public use
- Misdemeanor, Sec. 7-2001(b)
- Civil fine (smoking)
- Up to $50, Sec. 7-2013(b)(3)
- Safe harbor
- Private residential property only
- Public place includes
- Parks, sidewalks, parking lots, vehicles
- Age limit
- 21+ even where lawful
Summary
Smoking, consuming, or using marijuana openly in any public place is a misdemeanor under Billings' marijuana ordinance, with narrow carve-outs only for private residential property.
(b)It shall be unlawful and a misdemeanor offense for any person to smoke, consume or use marijuana or marijuana products openly and publicly or in a manner that endangers others.(1)The term "openly" means occurring or existing in a manner that is unconcealed, undisguised, or obvious.(2)The term "publicly" means:a.Occurring or existing in a public place;b.Occurring or existing in any place that is commonly or usually open or accessible by the general public; orc.Occurring or existing in any outdoor location where the consumption of marijuana is clearly observable from a public place.(3)The term "public place" means a place to which the public or a substantial number of the public have access, and includes, but is not limited to, parks, playgrounds, open space areas, trails, paths, sidewalks, streets, highways, and public rights-of-way, public buildings, transportation facilities, schools, places of amusement
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 66 Update 2).
Full Breakdown
Billings City Code Sec. 7-2001(b) makes it a misdemeanor to smoke, consume, or use marijuana or marijuana products "openly and publicly" anywhere the public has access: parks, sidewalks, streets, trails, parking lots, and even vehicles parked in those places count as a public place under the code's own definition. Sec. 7-2013(b)(3) separately backs this with a civil fine of up to $50 for smoking marijuana in a public place. The only safe harbor is private residential property, and even there Sec. 7-2001(c) requires the consumer to be the owner, a leaseholder, or someone with the owner's permission, plus setback distances from the front and side property lines on single-family, duplex, and townhome lots.
Violations & Fines
Smoking or consuming marijuana openly in a public place: misdemeanor under Sec. 7-2001(b); Sec. 7-2013(b)(3) sets a civil fine up to $50 for public smoking specifically.
Frequently Asked Questions
Can I smoke marijuana on my own porch facing the street in Billings?
Does Billings treat public marijuana use as a criminal offense?
Sources & Official References
Other rules in Billings
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