Hercules, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Public use
- Smoking or ingesting marijuana banned in public places
- Vehicles
- No open container or use while driving or riding
- Tobacco-free areas
- Marijuana smoking banned wherever tobacco smoking is
- Near minors
- Banned on school/day care grounds when children present
- Concentrate manufacturing
- Volatile-solvent extraction banned citywide
- Legal basis
- Implements Health and Safety Code Section 11362.3
Summary
Hercules Municipal Code Section 4-18.03(f) bars smoking or ingesting marijuana in any public place, in a vehicle, or anywhere tobacco smoking is already banned under the city's Smoking Ordinance. The rule tracks Health and Safety Code Section 11362.3 and layers city Chapter 5-6 smoking restrictions on top, so open cannabis use downtown, in parks, or behind the wheel is citable.
(f) As specified by California Health and Safety Code Section 11362.3 the following are prohibited: (1) Smoke or ingest marijuana or marijuana products in any public place, except in accordance with Business and Professions Code Section 26200. (2) Smoke marijuana or marijuana products in a location where smoking tobacco is prohibited, pursuant to Business and Professions Code Section 11362.3(a)(2), and the City's Smoking Ordinance, Chapter 5-6. ... (4) Possess an open container or open package of marijuana or marijuana products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation. ... (7) Smoke or ingest marijuana or marijuana products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 555, passed March 25, 2025).
Full Breakdown
3 and layers city enforcement on top. It is unlawful to smoke or ingest marijuana or marijuana products in any public place in Hercules, unless the narrow on-site consumption allowance in Business and Professions Code Section 26200 applies. The ban extends to any location where the city's own Smoking Ordinance, Chapter 5-6, already bars tobacco smoking, so cannabis gets no more latitude than a cigarette. Drivers and passengers face separate prohibitions: subsection (4) bars carrying an open container or open package of marijuana while driving or riding in a motor vehicle, boat, vessel, or aircraft, and subsections (7) and (8) bar smoking or ingesting it while driving or riding as a passenger, with a narrow exception under Section 26200 when no one under 21 is present.
Subsection (5) separately bars possessing, smoking, or ingesting marijuana on the grounds of a school, day care center, or youth center while children are present, and subsection (6) bans manufacturing concentrated cannabis with a volatile solvent anywhere in the city. 06, that back the citywide dispensary ban.
Violations & Fines
Public marijuana smoking or possession under Section 4-18.03(f) is enforced through the same Chapter 18 remedies: Section 4-18.05 subjects violators to the Code's abatement and civil penalty provisions, including the nuisance procedures in Chapter 4-10, and Section 4-18.06 lets the City summarily abate any violating condition as a public nuisance under Code of Civil Procedure Section 731. The City Attorney may separately sue for injunctive relief and civil penalties.
Frequently Asked Questions
Can I smoke marijuana on a Hercules sidewalk or in a park?
Am I allowed to smoke marijuana anywhere tobacco smoking is banned?
What happens if I'm a passenger in a car with marijuana?
Sources & Official References
Other rules in Hercules
California rules heatmap·Compare Hercules to another location·View the California public conduct overview
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