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Commerce City, CO Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing section
City Code § 12-6008(c)
Prohibits
Open, public display/consumption/use up to 2 oz
Underage limit
Under 21: any possession up to 2 oz banned
Adult limit
21+: over 1 oz, under 2 oz banned
Also banned
Any synthetic cannabinoids or salvia divinorum
Penalty
Up to $300 fine or 90 days jail
Adopted
Ord. No. 1989, January 6, 2014

Summary

Commerce City bans openly and publicly displaying, consuming, or using marijuana in any amount up to two ounces, regardless of the user's age, under section 12-6008(c). The same section separately bars anyone under 21 from possessing or using any amount up to two ounces, and caps adults 21 and older at one ounce before extra possession itself becomes a violation.

(a)It shall be unlawful for any person under the age of twenty-one (21) to possess, consume, or use two (2) ounces or less of marijuana.(b)It shall be unlawful for any person twenty-one (21) years of age or older to possess, consume, or use more than one (1) ounce and less than two (2) ounces of marijuana.(c)It shall be unlawful for any person to openly and publicly display, consume or use two (2) ounces or less of marijuana.

Full Breakdown

Section 12-6008 of the Commerce City Revised Municipal Code, rewritten in its entirety by Ord. No. 1989 on January 6, 2014, layers three separate marijuana offenses. Subsection (a) makes it unlawful for anyone under 21 to possess, consume, or use two ounces or less of marijuana. Subsection (b) makes it unlawful for anyone 21 or older to possess, consume, or use more than one ounce and less than two ounces. Subsection (c), the public-use provision, is the broadest of the three: it is unlawful for any person of any age to openly and publicly display, consume, or use two ounces or less of marijuana, meaning legal possession under state and city law does not excuse smoking or displaying marijuana where the public can see it, on a sidewalk, in a park, at public events, or on a business's exterior premises.

The section also bans any amount of synthetic cannabinoids or salvia divinorum outright under subsection (d), and separately restricts drug paraphernalia possession under subsection (e), barring anyone under 21 from having any paraphernalia and barring adults from having paraphernalia unrelated to marijuana use. A related section, 12-6012, imposes its own detailed rules for home cultivation, including a 32-square-foot growing-area cap and an enclosed, locked-space requirement, but that provision addresses growing marijuana rather than public consumption. Commerce City Police enforce section 12-6008 on patrol and at complaints, most commonly at parks, sidewalks, and large public events where marijuana use is visible to bystanders regardless of the user's age or the amount involved.

Violations & Fines

Public display, consumption, or use of marijuana is a municipal offense under section 12-6008(c), prosecuted in Commerce City Municipal Court under the Code's general penalty, section 1-5: a fine up to $300, up to 90 days in jail, or both. Excess possession or underage possession under subsections (a) and (b) are separately chargeable, and unlawful paraphernalia possession under subsection (e) can add a third citation.

Frequently Asked Questions

Can I legally smoke marijuana on a Commerce City sidewalk if I'm over 21?
No. Section 12-6008(c) bans openly and publicly displaying, consuming, or using two ounces or less of marijuana regardless of the user's age, so being 21 or older and within Colorado's legal possession limits does not create an exception for public use on a sidewalk, in a park, or anywhere else visible to the public.
How much marijuana can an adult legally possess in Commerce City?
Up to one ounce. Section 12-6008(b) makes it a violation for anyone 21 or older to possess, consume, or use more than one ounce and up to two ounces, and separate state and federal limits can also apply, so exceeding local caps risks a citation even away from public view.
Are synthetic cannabinoids treated the same as marijuana in Commerce City?
No, they're banned outright. Section 12-6008(d) makes it unlawful to use or possess any amount of synthetic cannabinoids or salvia divinorum, with no threshold like the two-ounce marijuana limits in subsections (a) through (c), so even trace possession is a violation regardless of age.

Sources & Official References

Other rules in Commerce City

All Commerce City rules

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