Gilbert, AZ Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- Code of Gilbert § 42-296
- Adopted
- Ordinance No. 2783, Oct. 13, 2020
- Covers
- town property, open space, public places
- Exception
- lawful law-enforcement activity
- Max penalty
- $2,500 fine or 6 months (§ 1-5(c))
Summary
Smoking or consuming marijuana anywhere the Town of Gilbert owns, occupies or controls, plus any open space or public place in town, is unlawful under Code of Gilbert § 42-296. The only carve-out is for lawful law-enforcement activity. Violators face the Code's general misdemeanor penalty of up to $2,500 and six months in jail.
(a)The use, sale, cultivation, manufacture, production, storage, or distribution of marijuana or marijuana products is prohibited on property that is occupied, owned, controlled or operated by the town.(b)It is unlawful for an individual to smoke marijuana or consume marijuana products on property that is occupied, owned, controlled or operated by the town. This subsection shall not apply to lawful activities of law enforcement agencies.(c)It is unlawful for an individual to smoke marijuana or consume marijuana products in any open space in the town.(d)It is unlawful for an individual to smoke in a public place in the town.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102).
Full Breakdown
Section 42-296, adopted by Ordinance No. 2783 on October 13, 2020, prohibits marijuana use in four overlapping ways. Subsection (a) bars the use, sale, cultivation, manufacture, production, storage or distribution of marijuana or marijuana products on any property occupied, owned, controlled or operated by the town. Subsection (b) makes it unlawful for an individual to smoke or consume marijuana products on that same town property, exempting only the lawful activities of law enforcement agencies. Subsection (c) extends the smoking and consumption ban to any 'open space' in Gilbert, which the article defines to include public parks, sidewalks, walkways, trails, preserves and other areas open to the public.
01. The same division also prohibits operating a marijuana establishment or testing facility within town limits except for a narrow dual-licensee exception (§§ 42-297, 42-298). § 36-2853 provides otherwise, and each day a violation continues is a separate offense. Section 1-5(c) sets that general penalty at a class one misdemeanor, punishable by a fine not to exceed $2,500, incarceration for up to six months, or both.
Violations & Fines
A violation is a class one misdemeanor under Code of Gilbert § 1-5(c): a fine up to $2,500, up to six months' incarceration, or both. Section 42-300(b) treats each day a violation continues as a separate offense, and § 42-300(d) allows the town to pursue this alongside any other applicable code or state-law violation for the same conduct.
Frequently Asked Questions
Can I smoke marijuana in a Gilbert park?
Does the ordinance reach private property?
Are police officers exempt from the ban?
What's the maximum penalty for violating § 42-296?
Sources & Official References
Other rules in Gilbert
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