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Charleston, WV Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Citation
Sec. 78-211(a)
Offense class
Misdemeanor
First-offense fine
$5.00-$100.00
Repeat-offense penalty
Up to 30 days jail
Enforcement
Charleston Police Department

Summary

Appearing in any Charleston public place while visibly under the influence of marijuana is a misdemeanor. Police can cite or arrest on the spot, with fines and jail time escalating for repeat convictions.

It shall be unlawful for any person to appear in a public place while under the influence of an intoxicating liquor, marijuana or other drugs or narcotics, in such a condition as to be unable to exercise care for his own safety or the safety of others.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).

Full Breakdown

Charleston Code Sec. 78-211(a) makes it a misdemeanor to appear in any public place while under the influence of marijuana, liquor, or other drugs to a degree that leaves a person unable to safeguard their own or others' safety. Officers may cite or arrest under subsection (g). Subsection (f) sets escalating fines: $5.00-$100.00 for a first offense, up to $500.00 for a second, and $100.00-$500.00 plus 5 to 30 days in the regional jail for a third or later conviction. Marijuana possession itself is separately banned citywide under Sec. 78-373, so using it in public exposes a person to both charges.

Violations & Fines

Violating Sec. 78-211(a) is a misdemeanor. Officers may cite or arrest immediately, with fines from $5.00 to $500.00 and up to 30 days in the regional jail for a third or subsequent conviction.

Frequently Asked Questions

Is it illegal to use marijuana in public in Charleston?
Yes. Appearing in public visibly under the influence of marijuana violates Sec. 78-211(a), and possessing any marijuana is separately banned under Sec. 78-373.
What's the penalty for public marijuana intoxication in Charleston?
A misdemeanor: $5.00-$100.00 for a first offense, up to $500.00 for a second, and $100.00-$500.00 plus 5-30 days in jail for a third or later conviction.

Sources & Official References

Other rules in Charleston

Public Alcohol UseHeavy RestrictionsSkateboarding RulesSignificant RestrictionsOutdoor Smoking RestrictionsSignificant RestrictionsJaywalkingSignificant RestrictionsLoitering RulesSome RestrictionsNoise Ordinances: Barking DogsSome RestrictionsNoise Ordinances: Aircraft NoiseSome RestrictionsParking Rules: Loading ZonesSome RestrictionsParking Rules: Commercial & Oversized VehiclesSome RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsAnimal Ordinances: Coyote ManagementSignificant Restrictions

All Charleston rules

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