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Henry County, GA Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Banned
Smoking any combustible substance, incl. weed/plant
Location
Any county-owned park or recreational area
Exception
Tobacco at Cotton Fields Golf Course only
Companion rule
Alcohol/intoxication also banned, § 3-13-4(6)
Penalty authority
O.C.G.A. § 15-10-60, Magistrate Court

Summary

Henry County Code § 3-13-4(13)a bans lighting, burning, or carrying any cigar, cigarette, pipe, weed, plant, or other combustible substance in any county park, wording broad enough to cover smoking marijuana on park property. The only carve-out is tobacco use at the Cotton Fields Golf Course.

These county ordinances apply to unincorporated areas of Henry County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(13)a.It shall be unlawful for any person to inhale, exhale, burn or carry any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form on any public park owned or operated by Henry County.b.Notwithstanding anything to the contrary in this section 3-13-4, the sale and use of tobacco products, including cigars, cigarettes and pipes shall be permitted at the Cotton Fields Golf Course, subject to such rules and regulations as are, from time to time, adopted by the Henry County Board of Commissioners and/or the Henry County Recreation Commission (a.k.a. Henry County Recreation Board).

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 44).

Full Breakdown

Subsection (13)a of the parks "prohibited acts" article makes it unlawful for any person to inhale, exhale, burn, or carry any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or form on any public park owned or operated by Henry County. The ordinance's own wording lists "weed" and "plant" alongside conventional tobacco products, so smoking marijuana, whether described as weed or plant material, falls squarely inside the ban along with cigars, cigarettes, and pipe tobacco; the article does not carve out any distinction between legal and illegal smoked substances.

This sits inside the same "Parks-Prohibited acts" section that separately bans public intoxication and alcohol consumption at § 3-13-4(6), giving Henry County parks a blanket no-smoking, no-intoxicant posture rather than a rule aimed only at cannabis. The single exception in the article is subsection (13)b, which allows the sale and use of tobacco products, including cigars, cigarettes, and pipes, at the Cotton Fields Golf Course under rules set by the board of commissioners or the Henry County Recreation Commission; that carve-out is limited to tobacco and does not extend to marijuana or other combustible plant material.

Because the ban is written into the general parks conduct article rather than a standalone drug ordinance, enforcement runs through the same Magistrate Court process and penalty section that covers every other prohibited act in county parks, from unlawful hunting to underage vehicle speeds.

Violations & Fines

Under § 3-13-5, a violation of any provision of the parks article, including the ban on smoking any combustible substance, is punished on conviction, guilty plea, or nolo plea in the Magistrate Court of Henry County by a fine set under O.C.G.A. § 15-10-60, with each day a violation continues treated as a separate offense.

Frequently Asked Questions

Can I smoke marijuana in a Henry County park?
No. Section 3-13-4(13)a bans inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any county park, language broad enough to reach smoked marijuana along with tobacco. There is no medical or personal-use exception written into this park-conduct provision.
Is vaping or e-cigarette use covered by this rule?
The ordinance's text is written around lighting, burning, and combustible substances, so it targets material that is actually ignited, such as a joint, cigar, cigarette, or pipe. It does not use the word "vapor" or "electronic," so a battery-powered vaping device that does not burn plant material sits outside the plain wording of subsection (13)a.
Where is smoking allowed on county recreation property?
The only carve-out in § 3-13-4(13)b is for tobacco products, cigars, cigarettes, and pipes, at the Cotton Fields Golf Course, under rules the board of commissioners or the Henry County Recreation Commission sets from time to time. That exception is limited to tobacco and does not reach marijuana or other combustible plant material.

Sources & Official References

Other rules in Henry County

All Henry County rules

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