Skip to main content
CityRuleLookup

James City County, VA Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing section
Code § 16-2(b)
Applies to
All county public parks and recreation facilities
Prohibited conduct
Consuming, possessing, or being under the influence
Definition source
Controlled substance as defined by Code of Virginia
Exceptions
None written into this subsection
Penalty
Class 4 misdemeanor under § 16-24

Summary

James City County bars consuming, possessing or being under the influence of any controlled substance, including marijuana, inside a public park or recreation facility the county operates. Section 16-2(b) borrows the Code of Virginia's definition of 'controlled substance' and carries no built-in exception, unlike the neighboring alcohol clause, and a violation is a Class 4 misdemeanor under section 16-24.

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

(b)No person shall consume, possess or be under the influence of any controlled substance, as defined by the Code of Virginia, while in public park and recreational facilities.

Full Breakdown

Section 16-2(b) sits immediately after the parks alcohol ban in chapter 16, Article II, and prohibits consuming, possessing or being under the influence of any controlled substance, as defined by the Code of Virginia, while in a public park or recreation facility. That cross-reference pulls in the Commonwealth's schedule of controlled substances, which covers marijuana along with other regulated drugs; the county ordinance does not carve out marijuana specifically, and it does not include the director's rule-making exception that subsection (a) allows for alcohol. That means there is no posted-rules pathway around this ban the way there can be for alcohol at a sanctioned park event.

The prohibition reaches every public park and recreation facility as defined in section 16-1: buildings, lands, waters, roadways, recreation equipment and structures the county owns, leases or operates and opens to the public. James City County Police Department officers who observe possession, use or evident impairment on park property can charge under this local ordinance, in addition to any state drug charge that could separately apply to the same conduct. Section 16-24 supplies the penalty framework for the whole chapter, and enforcement can include physical ejection from the park in addition to prosecution.

Violations & Fines

A violation of section 16-2(b) is a Class 4 misdemeanor under section 16-24, the parks chapter's general penalty section, since 16-2(b) sets no separate fine of its own. The chapter also allows ejection from the park, building or facility where the violation took place. Because the ban has no built-in exception like the alcohol clause, there is no director's-rule pathway to authorize marijuana use on county park property.

Frequently Asked Questions

Is marijuana use banned in James City County parks?
Yes. Section 16-2(b) prohibits consuming, possessing or being under the influence of any controlled substance, as defined by the Code of Virginia, in a public park or recreation facility the county operates. That definition covers marijuana along with other regulated drugs, and the subsection carries no exception for a permitted event the way the parks alcohol ban does.
What's the penalty for using marijuana in a county park?
Section 16-24 makes any violation of chapter 16, including section 16-2(b), a Class 4 misdemeanor since the controlled substance subsection sets no fine of its own. A violator can also be ejected from the park or facility where the violation occurred.
Can the parks director allow marijuana use at a special event?
No. Unlike the alcohol clause in section 16-2(a), the controlled substance ban in section 16-2(b) has no language letting the director of parks and recreation authorize an exception through posted rules, so the prohibition applies without a permitted-event carve-out.

Sources & Official References

Other rules in James City County

All James City County rules

Compare James City County to another location·View the Virginia public conduct overview

Get notified when Public Marijuana Use in James City County, VA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.