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Bonita Springs, FL Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Conduct banned
Smoking medical marijuana in open and public areas
Covered places
Parks, beaches, sidewalks, trails, semi-public parking lots and shopping areas
Home exception
Dwelling unit and its property, unless second hand smoke repeatedly disturbs others
Special events
Permit only by a five of seven city council vote
Penalty
Fine up to $500.00, up to 60 days in county jail, or both

Summary

In the City of Bonita Springs, Florida, § 34-202 makes it unlawful to smoke medical marijuana in any open and public area, including semi-public parking lots, parks and beaches. Section 34-203 sets the penalty at a fine not to exceed $500.00, up to 60 days in the county jail, or both, for each offense.

It shall be unlawful and punishable as provided herein to smoke medical marijuana in any open and public areas, including semi-public parking lots, open and public areas, parking lots, parks and beaches located in the city. ... The city will not issue any special event permit to allow smoking of medical marijuana at any of its facilities or other public facilities when a special event permit is required, unless there is a supermajority vote of five of seven of city council to authorize the event.

Full Breakdown

Article V of Chapter 34 was added by Ord. No. 16-18 on 11-16-2016 and is titled Smoking of Cannabis and Marijuana in Open and Public Places. Section 34-201 defines marijuana by reference to the meaning given to cannabis in F.S. § 893.02, so the article follows the state definition.

The definition of open and public is broad. It covers a place open to the general public, or to a substantial number of the public without restriction, including streets, highways, public sidewalks, transportation facilities including rest areas, places of amusement, parks, playgrounds, city-owned open space, bicycle and pedestrian trails, common open space owned by owners' associations, common areas of public buildings and facilities, parking lots and areas, and shopping centers or shopping areas. Semi-public parking lot includes any area where motor vehicles are parked by the public in conjunction with a business, enterprise, commercial establishment, office building or apartment building.

Two further definitions matter on the water. Park includes waterways, lagoons, canals, marinas, piers, causeways and adjacent littoral waters used for recreation. Public beach means a beach within the city below the mean high water lines that is owned by the city, county or state, has a right of customary use or a public easement, or is the foreshore of tidal navigable waters owned by the state.

The home is treated differently. A person who smokes marijuana in a residential dwelling unit or anywhere on the real property where the dwelling sits is not smoking in an open and public manner, unless that person repeatedly disturbs or annoys another person outside the perimeter of the property because of second hand smoke.

Section 34-202 also sets a rule for events: the city will not issue a special event permit allowing smoking of medical marijuana at its facilities or other public facilities when a permit is required, unless five of seven members of the city council vote to authorize the event.

Violations & Fines

Under § 34-203, any person convicted of violating the article is punishable by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 60 days, or both the fine and imprisonment, for each such offense. The penalty attaches on conviction, and every separate offense carries its own penalty.

Frequently Asked Questions

Can I smoke medical marijuana on a Bonita Springs beach?
No. Section 34-202 makes it unlawful to smoke medical marijuana in open and public areas, and it lists parks and beaches by name. Section 34-201 defines a public beach to include beaches below the mean high water lines owned by the city, county or state and the foreshore of tidal navigable waters.
Is smoking at home covered?
Smoking inside a residential dwelling unit or anywhere on the real property where it stands is not considered open and public. The exception is a person who repeatedly disturbs or annoys someone outside the perimeter of the property because of second hand smoke. That person is treated as smoking in an open and public manner.
Does a parking lot count as public?
Yes. The open and public definition lists parking lots and areas and shopping centers or shopping areas, and § 34-202 names semi-public parking lots. Semi-public means any area where the public parks in conjunction with a business, enterprise, commercial establishment, office building or apartment building.
What is the punishment?
Section 34-203 provides a fine not to exceed $500.00 or imprisonment in the county jail for a period not to exceed 60 days, or both, for each offense. It applies to any person convicted of violating a provision of the article.
Can a festival allow marijuana smoking?
Only with a supermajority. The city will not issue a special event permit that allows smoking of medical marijuana at its facilities or other public facilities unless five of seven members of the city council vote to authorize the event.

Sources & Official References

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