Elk Grove, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing chapter
- EGMC Chapter 9.28
- First offense fine
- up to $100
- 3rd+ offense fine
- up to $500, may be misdemeanor
- Covers vaping
- yes, per § 9.28.020(F)
- Enforcing agency
- Police, Code Enforcement
- Adopted
- Ord. 5-2021, eff. 3-12-2021
Summary
Elk Grove bans smoking or ingesting cannabis in any public place, extending the same restriction that covers tobacco smoking. EGMC Section 9.28.030 also bars lighting up anywhere smoking tobacco is already prohibited, and every violation is treated as a public nuisance enforced under the city's general Title 1 penalty scheme and the nuisance-abatement procedures in Chapter 16.18.
It shall be unlawful and a public nuisance for any person to: A. Smoke or ingest cannabis or cannabis products in a public place. B. Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited. [...] Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter is unlawful and constitutes a public nuisance and shall be enforced in accordance with procedures set out in EGMC Title 1 and EGMC Chapter 16.18. [...] An infraction is punishable by: 1. A fine not exceeding One Hundred and no/100ths ($100.00) Dollars for a first (1st) violation. 2. A fine not exceeding Two Hundred and no/100ths ($200.00) Dollars for a second (2nd) violation of the same code provision within a twelve (12) month period. 3. A fine not exceeding Five Hundred and no/100ths ($500.00) Dollars for each additional violation of the same code provision within a twelve (12) month period.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4937385; v2 updated 2026-05-13; through 05-13-2026).
Full Breakdown
030(A)). The same section separately bars cannabis smoking anywhere tobacco smoking is already prohibited (subsection B), meaning any city smoke-free zone, transit stop, or business entrance that bans cigarettes automatically bans cannabis too. 020(F) to include vaping and other aerosol-producing electronic devices, so the ban is not limited to combustible joints. The chapter also prohibits possessing an open container of cannabis while driving or riding in a vehicle, boat, or aircraft, and bans smoking or ingesting cannabis while driving or riding as a passenger in one.
Manufacturing concentrated cannabis using a volatile solvent anywhere in the city is likewise prohibited. 18, rather than creating a separate penalty schedule. 030: a fine capped at $100 for a first offense, $200 for a second offense of the same subsection within twelve months, and $500 for each additional offense in that window, with a third conviction able to be charged as a misdemeanor. Infractions carry no jail time and no right to a jury trial.
Violations & Fines
A first offense is an infraction punishable by a fine up to $100; a second offense of the same subsection within twelve months rises to $200, and a third or later offense within that period tops out at $500 and can be charged as a misdemeanor. Police and code enforcement officers may cite on sight, and the city may also pursue nuisance abatement under Chapter 16.18 independent of the criminal fine.
Frequently Asked Questions
Can I smoke cannabis on my own porch in Elk Grove?
Does the ban apply to vape pens, not just joints?
What happens if I'm cited a second time?
Can I have an open cannabis container in my car if I'm not driving?
Sources & Official References
Other rules in Elk Grove
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