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Fresno, CA Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing sections
FMC §§ 10-1103(l), 10-1105
"Smoking" definition
includes any plant product for inhalation
Where banned
all enclosed public places, Sec. 10-1105
Exempt areas
bars, tobacco shops, private residences
Adopted
Ord. 87-152, eff. 12-4-87

Summary

Fresno's Smoking Pollution Control Ordinance defines "smoking" to include any lighted or heated plant product intended for inhalation, natural or synthetic, and Section 10-1105 bans that smoking in all enclosed public places -- stores, restaurants, restaurants, theaters, health facilities and more -- reaching cannabis smoking as squarely as tobacco.

(l) "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor... Except where specifically permitted pursuant to Sections 10-1106 and 10-1108, or specifically not regulated pursuant to Section 10-1107, smoking is prohibited in all public places, including but not limited to the following: (a) Places of business where five or more persons are employed and where goods are sold, including retail stores, grocery stores and supermarkets, and department stores; (b) Restaurants...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 54).

Full Breakdown

Chapter 10, Article 11, the Smoking Pollution Control Ordinance, defines "smoking" in Section 10-1103(l) as "inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic," plus use of an electronic vaping device or any device meant to circumvent the ban -- language broad enough to capture marijuana cigarettes, pipes, and cannabis vapes alongside tobacco. Section 10-1105 then prohibits that smoking in every "public place," defined in Section 10-1103(g) as an enclosed area the public is invited into or has general access to, and lists retail stores, restaurants, service businesses, health care facilities, hotels and motels, libraries and museums, theaters, sports and entertainment venues, convention halls, elevators, restrooms and lobbies, and polling places.

Narrow carve-outs exist: Section 10-1106 lets bars, tobacco shops, and private-function rooms permit smoking, and Section 10-1107 excludes private residences (unless run as a licensed public business), rented hotel rooms, billiard rooms, and stage performances. None of those carve-outs mention cannabis specifically, so a person smoking marijuana in a Fresno grocery store, restaurant, theater, or waiting room is smoking in violation of Section 10-1105 exactly as a cigarette smoker would be.

Violations & Fines

Smoking -- including cannabis, under the Section 10-1103(l) definition -- in any enclosed public place listed in Section 10-1105 violates the Smoking Pollution Control Ordinance. The ordinance's general violation and enforcement provisions apply to a person who smokes in a prohibited area, and an operator who fails to post or enforce the required smoking/non-smoking designations under Sections 10-1106 through 10-1109 is separately subject to the article's enforcement.

Frequently Asked Questions

Does Fresno's smoking ban cover marijuana, or just tobacco?
Both. Section 10-1103(l) defines "smoking" to include any lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, so smoking cannabis is treated the same as smoking a cigarette under Section 10-1105's public-place ban.
Where in Fresno is it illegal to smoke marijuana in public?
Section 10-1105 bans smoking in every enclosed public place, including retail stores, restaurants, theaters, health care facilities, hotels, libraries, convention halls, elevators, restrooms, and polling places, unless a narrow exception in Sections 10-1106 or 10-1107 applies.
Can a bar in Fresno let customers smoke marijuana?
Section 10-1106(a) lets a bar's operator permit smoking on the premises notwithstanding the general ban, but that permission is about the venue's designation under the smoking ordinance, not a separate marijuana consumption license, and other cannabis and alcohol rules still apply.

Sources & Official References

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