Everett, WA Public Conduct: Public Marijuana Use (2026)
Key Facts
- First offense
- Class 3 civil infraction (RCW 7.80)
- Ignoring the citation
- Becomes a misdemeanor
- Nonpayment
- Possible contempt of court (RCW 7.21)
- Covers
- Opening the package or consuming
- Park version
- EMC 9.06.203, same penalty structure
Summary
Opening a package of marijuana or consuming it anywhere in view of the general public is a civil infraction in Everett under EMC 10.35.110(A), penalized under the state's class 3 civil infraction schedule. A parallel, park-specific version applies inside city parks under EMC 9.06.203, and ignoring the citation escalates the charge to a misdemeanor.
It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana-infused product, in view of the general public. A person who violates this section is guilty of a civil infraction and shall be penalized in accordance with the penalty schedule for class 3 civil infractions under Chapter 7.80 RCW.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 4194-26, passed July 29, 2026).
Full Breakdown
110(A) states the rule directly: "It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana-infused product, in view of the general public. " Unlike most of Everett's drug offenses, this conduct is classified as civil, not criminal, reflecting Washington's legalization of marijuana under RCW ch. " Subsection (C) adds that willfully refusing to pay the monetary penalty or perform ordered community restitution can result in contempt of court under RCW ch. 21.
120, which bans knowingly using "any controlled substance in a public place," expressly defines "controlled substance" to exclude "cannabis, cannabis concentrates, cannabis products, or cannabis-infused products," and violating that broader ban is a gross misdemeanor, not a civil infraction. 203, which uses near-identical language to bar opening or consuming marijuana inside a city park and carries the same class 3 civil infraction penalty, enforced separately by park rangers rather than police.
Violations & Fines
A first violation of EMC 10.35.110(A) is a class 3 civil infraction under RCW ch. 7.80, not a crime, and does not on its own create a criminal record. But failing to respond to the infraction notice within the deadline converts the matter into a misdemeanor under EMC 10.35.110(B), and refusing to pay a resulting fine or complete community restitution can bring a contempt-of-court finding under EMC 10.35.110(C). This rule governs only marijuana used or opened in public view; private possession and use is governed separately by the state limits adopted at EMC 10.35.060.
Frequently Asked Questions
Is smoking marijuana in public a crime in Everett?
What happens if I ignore a public marijuana citation?
Is the rule different for other drugs used in public?
Does this apply inside Everett's city parks too?
Sources & Official References
Other rules in Everett
Compare Everett to another location·View the Washington public conduct overview
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Public Marijuana Use in Nearby Cities
How other cities in Snohomish County handle public marijuana use.