Davis, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- Davis Municipal Code § 34.02.025
- Covers
- Parks, streets, sidewalks, bike paths
- Passing-through exception
- Does not apply to marijuana smoking
- Medical marijuana
- Exempted, but other smoking rules still apply
- First offense fine
- Up to $50
Summary
Davis Municipal Code § 34.02.025 separately and expressly bans smoking marijuana or marijuana products in every enclosed public place, on all city-owned property including parks, streets, sidewalks and bike paths, and in posted private parking lots.
(a) In addition to all those places where smoking is prohibited as set forth in this Article 34.02, smoking marijuana or marijuana products is expressly prohibited in all of the following places: (1) All enclosed areas to which the public is invited or permitted; (2) In or upon all property owned, leased, or occupied by the city, expressly including any public park, street, sidewalk, bike path, greenbelt, alley, highway, off-street public parking lot or structure; and (3) Any private parking lot, if such parking lot is posted with a sign prohibiting smoking or posted with a sign prohibiting marijuana smoking. (b) The prohibitions set forth in this section apply regardless of whether a person is simply passing through or on the way to another destination, such as walking or riding on a street or sidewalk, so long as the person smoking marijuana or marijuana products is in or upon any of the places where smoking is prohibited by this article.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4915048; v22 updated 2026-05-19).
Full Breakdown
Section 34.02.025 was added on top of the general smoking restrictions in Article 34.02 specifically to reach marijuana. It prohibits smoking marijuana or marijuana products in all enclosed areas the public is invited into, and, distinctly, in or upon any property owned, leased or occupied by the city, expressly naming public parks, streets, sidewalks, bike paths, greenbelts, alleys, highways and off-street public parking lots or structures. The ban also extends to any private parking lot that is posted against smoking or specifically against marijuana smoking, even though the lot itself is not city property.
The section applies whether someone is stationary or just walking or riding a bicycle through, so passing along a public sidewalk while smoking marijuana still violates it, a stricter standard than the tobacco rules in § 34.02.010 which exempt someone simply passing through. The city directs the section to be construed broadly to keep places where children may be present smoke- and drug-free, and it does not apply to qualified patients smoking medical marijuana under state law, though those patients remain subject to every other restriction in Article 34.02, such as the ban near restaurant patios and building entrances.
Because this is a distinct city code section layered onto the general smoking rules, both the location list and the 20-foot buffer rule from § 34.02.010 apply to marijuana smoke as well.
Violations & Fines
Article 34.03 governs enforcement of the whole smoking chapter, including § 34.02.025. A first violation is an infraction with a fine up to $50, a second violation within a year rises to a fine up to $200, and a third or additional violation within the year is an infraction punishable up to $500 per conviction under § 34.03.090. Police, fire department personnel, and the city manager or designee may all issue citations under § 34.03.100.
Frequently Asked Questions
Can I smoke marijuana while walking on a Davis sidewalk?
Is smoking marijuana in a private parking lot ever illegal in Davis?
Does the marijuana ban apply to medical marijuana patients?
Sources & Official References
Other rules in Davis
California rules heatmap·Compare Davis to another location·View the California public conduct overview
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