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Davis, CA Public Conduct: Public Marijuana Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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

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. 010 which exempt someone simply passing through. 02, such as the ban near restaurant patios and building entrances. 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?
No. Section 34.02.025(b) specifically states the prohibition applies even if a person is simply passing through or walking or riding on a street or sidewalk, unlike the tobacco rules that allow passing through.
Is smoking marijuana in a private parking lot ever illegal in Davis?
Yes, if the lot owner has posted a sign prohibiting smoking or prohibiting marijuana smoking specifically. Section 34.02.025(a)(3) makes that posted private lot off-limits too.
Does the marijuana ban apply to medical marijuana patients?
The section does not apply to qualified patients smoking medical marijuana under state law, but they remain bound by every other smoking restriction in Article 34.02, including the buffer around restaurant patios and park areas.

Sources & Official References

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