Evanston, IL Public Conduct: Public Marijuana Use (2026)

The Clean Air Act, codified at Chapter 8-18 of the Evanston City Code, defines "SMOKE or SMOKING" as "Inhaling, exhaling, or carrying any lighted and/or burning smoking materials," and defines "SMOKING MATERIALS" at Section 8-18-3 as "Any cigar, cigarette, pipe, weed, plant or other organic substance grown, manufactured or processed which is intended to be used for smoking in any form," language that reaches burning cannabis flower along with tobacco. Section 8-18-5 then lists dozens of specific places where smoking is prohibited outright, not just indoor workplaces: aquariums, arcades, beaches, bingo facilities, businesses, convention facilities, every level of school building, grocery stores, gymnasiums, healthcare facilities, apartment building lobbies and hallways, playgrounds and tot lots, polling places, public elevators and retail stores, public meetings, public transportation facilities, restaurants, service lines, shopping malls, licensed sidewalk cafes, and sports arenas.

Section 8-18-6 extends the ban another 25 feet outward from any entrance, exit, operable window or ventilation intake of a place where smoking is barred. The only carve-outs, under Section 8-18-7, are private residences (unless used as a licensed daycare or home business open to the public), designated hotel smoking rooms capped at 25% of a floor's rooms, retail tobacco stores that predate the ordinance, and private clubs or lodges. A property owner, operator or manager can also voluntarily declare an entire outdoor area smoke-free under Section 8-18-8, and must post international "No Smoking" symbols and remove ashtrays from any area where smoking is banned under Section 8-18-13.

Enforcement runs through the City Manager or a designee, who must investigate citizen complaints and check compliance during any other mandated inspection of a business under Section 8-18-10.