Denver, CO Public Conduct: Public Marijuana Use (2026)
Key Facts
- First violation fine
- $150
- Second violation fine
- $500
- Third+ violation fine
- $999
- Governing section
- DRMC § 38-175(b)
- Private exception
- Owner or lessee consent required
Summary
Denver prohibits openly and publicly displaying or consuming marijuana in public places, with civil fines starting at $150 and rising to $999 for repeat violations.
It shall be unlawful for any person to openly and publicly display or consume one (1) ounce or less of marijuana.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 147 Update 3).
Full Breakdown
Denver Revised Municipal Code § 38-175(b) makes it unlawful to openly and publicly display or consume one ounce or less of marijuana. "Publicly" covers streets, parks, transit facilities, schools, playgrounds, and any outdoor spot visible from a public place. The ban does not apply to consumption in a designated consumption area, or on private residential property by an owner, lessee, or a guest with the owner's or lessee's permission. Violations are non-criminal, with escalating fines: $150 for a first offense, $500 for a second, and $999 for a third or subsequent offense. Courts can replace the fine with treatment for violators under 18.
Violations & Fines
Non-criminal civil infraction: $150 first offense, $500 second offense, $999 third and each subsequent offense, plus court costs; enforced by Denver police.
Frequently Asked Questions
Can I smoke marijuana on my porch in Denver?
What counts as a "public place" under Denver's law?
Sources & Official References
Other rules in Denver
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