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Everett, MA Public Conduct: Public Marijuana Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Citation
Everett Revised Ordinances Section 13-1.1
Covered places
Public ways, parks, playgrounds, places open to the public, city property
Fine
$300.00 for each violation
Appeal window
Written request within 21 days to the Malden District Court Clerk Magistrate
Enforcing authority
Everett Police Department
Arrest
Without a warrant if the violation occurs in the officer's presence

Summary

In the City of Everett, Massachusetts, Section 13-1.1 makes it unlawful to consume or use marihuana on any public way, in parks and playgrounds, or in any place the public can access. The fine is $300.00 for each violation, the Everett Police Department enforces, and appeals go to the Clerk Magistrate for the Malden District Court.

(a) No person shall consume or use marihuana, as defined in Chapter 94C, Section 1 of the General Laws on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, including but not limited to, parks and or playgrounds. A police officer may arrest, without a warrant, any person who in his presence violates this section. ... (d) Any person who violates this section shall be punishable by a fine of three hundred dollars ($300.00) for each such violation. (e) Any person upon whom is imposed a fine pursuant to this ordinance shall have the right to appeal the imposition of such fine in a non-criminal proceeding by making a written request within 21 days to the Clerk Magistrate for the Malden District Court. (f) The Everett Police Department shall be the enforcing authority of this section.

Full Breakdown

Section 13-1.1 of the Everett Revised Ordinances, enacted by the Everett City Council in Middlesex County, Massachusetts, makes it unlawful to consume or use marihuana on, in or upon any public way, any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees. The text names parks and playgrounds as covered places. It borrows the definition of marihuana from Chapter 94C, Section 1 of the General Laws. A police officer can arrest, without a warrant, anyone who violates the section in the officer's presence.

Subsection (b) requires seizure. All marihuana consumed or being used in violation is held until final adjudication of the charge against the person arrested or summoned before the court, and then destroyed in accordance with M.G.L. c.94C, s47A.

Subsection (c) extends the ban to city owned property and city owned buildings to which the public has a right of access. It also bars using or consuming marihuana at any event or function, public or private, held on city owned property or within city owned buildings.

The penalty in subsection (d) is a stated fine of three hundred dollars ($300.00) for each violation, rather than the graduated schedule used for most Everett offenses. Subsection (e) gives a person who is fined the right to appeal in a non-criminal proceeding by making a written request within 21 days to the Clerk Magistrate for the Malden District Court. Subsection (f) names the Everett Police Department as the enforcing authority of the section.

Violations & Fines

Any person who violates Section 13-1.1 is punishable by a fine of $300.00 for each such violation. The police can arrest without a warrant when the violation happens in the officer's presence, and the marihuana is seized and held until the charge is finally decided. A fined person has 21 days to request a non-criminal appeal in writing from the Clerk Magistrate for the Malden District Court.

Frequently Asked Questions

Can I smoke marijuana in an Everett park?
No. Section 13-1.1(a) of the Everett Revised Ordinances makes it unlawful to consume or use marihuana on any public way or in any place the public can access, and it names parks and playgrounds. A police officer can arrest without a warrant when the violation happens in the officer's presence, and the fine is $300.00 per violation.
How much is the fine and who enforces it?
Section 13-1.1(d) sets a fine of three hundred dollars ($300.00) for each violation. Subsection (f) names the Everett Police Department as the enforcing authority. The fine is stated in the section itself, so it does not follow the $25.00 to $300.00 ladder that Section 1-8 prints for general ordinance violations.
How do I appeal a fine under this section?
Section 13-1.1(e) gives a person upon whom a fine is imposed the right to appeal in a non-criminal proceeding. The request must be in writing and made within 21 days to the Clerk Magistrate for the Malden District Court. Missing that 21 day window forfeits the appeal route the ordinance describes.
Does the ban cover city buildings and events?
Yes. Section 13-1.1(c) bars using or consuming marihuana on city owned property or within city owned buildings to which the public has a right of access. It also bars use at any event or function, whether public or private, held on city owned property or inside city owned buildings.

Sources & Official References

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