Kirkwood, MO Public Conduct: Public Marijuana Use (2026)

Kirkwood Code of Ordinances § 17-192, added by Ord. No. 10789 on February 16, 2023 after Missouri voters legalized adult-use marijuana, prohibits consuming or smoking marijuana in two settings: anywhere smoking tobacco is already banned under § 17-253 of the Code, and any public place that is not specifically licensed for marijuana consumption by the authorities that control licensing or permitting for that activity. The rule does not ban possession or home use; it targets consumption in public view or in smoke-free indoor spaces. Kirkwood keeps the penalty for this offense modest compared with other marijuana violations in the same article.

Under § 17-194(A), a person who smokes marijuana in a public place is subject to a civil penalty not exceeding $100, a flat civil fine rather than a criminal charge. That is far lower than the escalating civil and misdemeanor penalties the same section sets for unlawful possession or cultivation, which run from $250 for a first violation up to a $1,000 misdemeanor fine for a third violation plus forfeiture of the marijuana. Section 17-194(E) also lets a court impose the general Code penalty in § 1-8 for other controlled-substance violations not otherwise addressed.

Kirkwood's public-consumption rule mirrors the state's own restriction under Article XIV of the Missouri Constitution, which lets cities regulate where legalized marijuana may be smoked even though possession itself is state-legal for adults 21 and older.