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Carver County, MN Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing section
Carver County Code § 94.04
Penalty
Petty misdemeanor, fine up to $300
Adopted
Ord. 106-2024, passed 5-21-24
Covers
County parks, trails, streets, sidewalks, indoor public spaces
Exempt
Licensed on-site consumption premises, private residences
Enforced by
Carver County Attorney's Office

Summary

Carver County bans using, vaporizing, or smoking cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in any public place or place of public accommodation. The only exception is a premises licensed or registered for on-site consumption. A violation is a petty misdemeanor carrying a fine of up to $300, prosecuted by the Carver County Attorney's Office.

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

(A) No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or event licensed to permit on-site consumption of adult-use cannabis flower and adult use cannabis products, or an establishment or event licensed or registered with the state to permit on-site consumption of lower-potency hemp edibles. (B) No person shall vaporize or smoke cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products in any location where the smoke, aerosol, or vapor would be inhaled by a minor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).

Full Breakdown

04 of the county code makes it unlawful to use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place or place of public accommodation unless the premises is licensed to permit on-site consumption of adult-use cannabis, or licensed or registered with the state for on-site consumption of lower-potency hemp edibles. A second clause bars vaporizing or smoking any of those products anywhere the smoke, aerosol, or vapor would be inhaled by a minor, regardless of location. 03 defines PUBLIC PLACE broadly: county parks, beaches, recreation areas and trails, parking lots, vehicles or recreational vehicles parked within a county park or trail, public streets, rights-of-way, sidewalks, and any enclosed indoor area open to the public such as theaters, restaurants, bars, retail stores, gyms, and building common areas.

Excluded from the definition are a private residence and its curtilage or yard, private property not generally open to the public (unless the owner has explicitly barred cannabis use there), and the premises of an establishment or event licensed for on-site consumption. 05 lets a city or township inside Carver County adopt its own ordinance that preempts this chapter within that municipality's borders, but the county chapter always keeps governing county-owned property and county parks no matter what a city or town enacts. The chapter was adopted under Ord. S. 0263, subd. 5.

Violations & Fines

A violation of Chapter 94 is a petty misdemeanor punishable by a fine of up to $300. Any peace officer, as defined in M.S. § 626.84, subd. 1, may investigate an alleged violation, and the Office of the Carver County Attorney prosecutes it. The chapter does not block separate federal or state prosecution for other crimes involving the same conduct.

Frequently Asked Questions

Can I smoke marijuana in a Carver County park?
No. Section 94.04 bars using, vaporizing, or smoking cannabis flower, cannabis products, or hemp-derived products in any public place, and § 94.03 lists county parks, beaches, trails, and vehicles parked within a county park among public places covered by the ban.
What is the fine for public cannabis use in Carver County?
Section 94.99 makes a violation a petty misdemeanor punishable by a fine of up to $300, and the Office of the Carver County Attorney prosecutes the case after a peace officer investigates.
Does the county ban apply inside cities like Chaska or Waconia?
Not automatically. Section 94.05 lets any city or township in Carver County adopt its own ordinance that preempts this chapter within its borders, but the county rule keeps applying on any county-owned property and county parks regardless of a local ordinance.
Can I use cannabis on my own property in unincorporated Carver County?
Yes. Section 94.03 excludes a private residence, including its curtilage or yard, from the definition of PUBLIC PLACE, so the Chapter 94 ban does not reach cannabis use there.

Sources & Official References

Other rules in Carver County

All Carver County rules

Compare Carver County to another location·View the Minnesota public conduct overview

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