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Howard County, IN Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Definition
'Smoking' expressly includes marijuana, § 92.50
Where banned
All enclosed public places, § 92.51
Kokomo exception
Excluded while its Ord. 6445 is in effect
Enforcing agency
Howard County Health Department
First offense
Verbal and written warning only
Repeat fines
$200, $400, $800, then $1,500 each

Summary

Howard County's smoke-free ordinance defines 'smoking' to expressly include marijuana, so lighting a joint triggers the same rules as a cigarette. Marijuana smoking is banned in every enclosed public place countywide, from bars and retail stores to county meeting rooms, and the Health Department enforces the ban with fines that climb for repeat violations within the same calendar year.

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

SMOKING. 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, including hookah and marijuana, in any manner or in any form. ... (A) Except as provided in division (B) below and in § 92.54, smoking shall be prohibited in all enclosed public places within Howard County including but not limited to, the following places: ... Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of Howard County to the extent the place is not subject to the jurisdiction of the City of Kokomo, Indiana; ... A fine of $200 for the second violation within the same calendar year.

Full Breakdown

' That definition folds marijuana directly into the same prohibition that covers tobacco. under the control of an agency, board, commission, committee or council of Howard County,' so long as the space is not already under Kokomo's separate ordinance. The ordinance applies countywide, including Greentown and Russiaville, but exempts the City of Kokomo while its own Ordinance No. 6445 remains in effect. 59 assigns enforcement to the Howard County Health Department, which can inspect during routine health inspections and act on citizen complaints, and requires an owner or employee who sees a violation to ask the person to stop or leave before calling law enforcement.

59: a warning for a first violation, $200 for a second in the same calendar year, $400 for a third, $800 for a fourth, and $1,500 for each additional violation, with repeated violations declared a public nuisance the county's Legal Department may seek to enjoin.

Violations & Fines

Marijuana smoking in a covered enclosed public place draws a written warning for a first offense, then escalating fines under § 92.99: $200 for a second violation in the same calendar year, $400 for a third, $800 for a fourth, and $1,500 for each violation after that. Each day of a continuing violation counts separately, and repeat violations can be pursued as a public nuisance.

Frequently Asked Questions

Does Howard County's smoking ban apply to marijuana?
Yes. Section 92.50 defines 'smoking' to include 'any other lighted or heated tobacco or plant product intended for inhalation, including hookah and marijuana,' so marijuana smoking is treated exactly like cigarette or cigar smoking under the ordinance. Anywhere smoking is banned under § 92.51, smoking marijuana is equally prohibited.
Where in unincorporated Howard County is marijuana smoking prohibited?
Section 92.51(A) bans smoking in 'all enclosed public places,' a list running from bars, restaurants, and retail stores to health care facilities, hotels, elevators, and any county meeting room 'not subject to the jurisdiction of the City of Kokomo.' The ban covers Greentown and Russiaville as well as the unincorporated county.
Who enforces the marijuana smoking ban and what's the fine?
The Howard County Health Department enforces §§ 92.50 through 92.59 under § 92.59, inspecting during routine health inspections and responding to citizen complaints. Section 92.99 sets a warning for a first violation, then fines of $200, $400, and $800 for the second through fourth violations in a calendar year, and $1,500 for each violation after that.

Sources & Official References

Other rules in Howard County

All Howard County rules

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