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Chelsea, MA Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Covered substances
Marijuana and tetrahydrocannabinol (THC)
Smoking counts
Treated as consumption under §16-98
Adult fines
$100/$200/$300 for 1st/2nd/3rd offense
Underage offenders
Mandatory drug awareness program, no fine
Program length
4 hrs instruction + 10 hrs community service
Filing location
Chelsea District Court, 120 Broadway St

Summary

Chelsea prohibits using, consuming or possessing marijuana or tetrahydrocannabinol on any street, sidewalk, park or other public property under section 16-98, even though the state decriminalized small amounts, because the ordinance separately relies on the state's authorization for municipalities to restrict public marijuana use. Underage offenders complete a state drug-awareness program instead of paying a fine.

This section is also recognizing that the state has recently decriminalized the possession of less than an ounce of marihuana/tetrahydrocannabinol and also has authorized municipalities to restrict and prohibit the use and consumption of marihuana within their jurisdictions. ... a.Consumption and use. ... consume marihuana or tetrahydrocannabinol as defined by M.G.L. c. 94C, § 1. Smoking is considered consumption of the prohibited substances. ... (2)Underage offenders. Any person under the age of 18 who has been cited as a civil offender under M.G.L. c. 94C, § 1 shall be required to complete a drug awareness program in accordance with M.G.L. c. 94C, § 32M, comprising a minimum of four hours of classroom instruction or group discussion, ten hours of community service, and upon completion of said program shall file a certificate of completion with the Clerk of the Chelsea District Court located at 120 Broadway Street Chelsea, MA 02150.

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 26).

Full Breakdown

Section 16-98 folds marijuana and tetrahydrocannabinol into the same public-nuisance ordinance that bans open alcohol containers, and its findings section explains why: the city council notes that while Massachusetts decriminalized possession of under an ounce of marijuana, the state also authorized municipalities to restrict and prohibit public use and consumption of marijuana within their own jurisdictions, and Chelsea exercised that authority. c. 94C, § 1, anywhere in, upon or within the boundary of a street, passageway, sidewalk, footway, bridge, park, playground, recreation area, boat landing, building, cemetery, parking lot, or other public land or building owned or controlled by the city, plus buses and other common-carrier conveyances; the ordinance specifically states that smoking counts as consumption.

Simple possession of marijuana or tetrahydrocannabinol in those same public locations is separately prohibited under subsection (b)(1)b, and distributing, serving or consuming it on city-owned property or at a municipal event is barred under subsection (b)(1)c. 00 for a third and beyond. c. 94C, § 1 are instead routed into a mandatory drug awareness program of at least four hours of classroom instruction or group discussion plus ten hours of community service, with a completion certificate filed at the Chelsea District Court on Broadway Street, and a required notice mailed to a parent or guardian.

Violations & Fines

Using, smoking, possessing or distributing marijuana or tetrahydrocannabinol on a Chelsea street, sidewalk, park or other public property violates section 16-98, drawing fines of $100.00, $200.00 and $300.00 for a first, second and third offense. An offender under 18 instead must complete a state-mandated four-hour drug awareness program plus ten hours of community service and file proof with the Chelsea District Court.

Frequently Asked Questions

Is smoking marijuana in a Chelsea park legal since Massachusetts decriminalized it?
No. Section 16-98 separately bars using, smoking or possessing marijuana or tetrahydrocannabinol on any street, sidewalk, park or other public property in Chelsea, relying on the state's authorization for municipalities to restrict public marijuana use even though small-amount possession is decriminalized statewide.
What happens to a minor caught with marijuana in public in Chelsea?
Under section 16-98(c)(2), a civil offender under 18 must complete a drug awareness program of at least four hours of classroom instruction or group discussion and ten hours of community service, then file a completion certificate with the Chelsea District Court.
What's the fine for public marijuana possession in Chelsea?
Section 16-98(c)(1) sets the same fine schedule used for the alcohol provisions: up to $100.00 for a first offense, $200.00 for a second, and $300.00 for a third and every offense after that.

Sources & Official References

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