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La Plata County, CO Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Section
La Plata County Code § 38-5(I)(B), Prohibited substances
Covered items
Marijuana and marijuana-infused products
Acts banned
Grow, produce, possess, display, transfer, distribute, sell, transport, use
Exception
None printed in this clause
Penalty
Petty offense, cumulative of other criminal penalties
Adopted
Ord. No. 2025-01, effective 2/14/2025

Summary

In unincorporated La Plata County, Colorado, Sec. 38-5(I)(B) of the County Code bans growing, producing, possessing, displaying, transferring, distributing, selling, transporting and using marijuana or marijuana-infused products on county property. The clause has no permit exception, and a violation is a petty offense.

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

I. Prohibited acts. It is unlawful: ... B. To grow, produce, possess, display, transfer, distribute, sell, transport and use marijuana or marijuanainfused products on county property. ... III. Penalties. All penalties under this section are cumulative of and not a substitute for any other criminal statutes and penalties associated with the activities prohibited herein. Any person who violates this section shall be guilty of a petty offense.

Full Breakdown

Section 38-5 of the La Plata County Code, Prohibited substances, is in Chapter 38 (Public Places) and governs county-owned property, not private land. Durango, Bayfield and Ignacio regulate their own limits, and tribal trust land answers to the Southern Ute Indian Tribe.

Subsection (I)(B) uses nine verbs: grow, produce, possess, display, transfer, distribute, sell, transport and use. Marijuana and marijuana-infused products are both named, so edibles and concentrates fall inside the clause along with flower. The ban is about location, not licensing status. The alcohol clause directly above it (I)(A) carries an exception for a permitted, authorized and approved event, but the marijuana clause prints no such exception and no permit route. A person carrying marijuana through a county building or across county land is within the prohibition as written, and so is someone consuming it there.

The next subsection, (I)(C), separately covers psilocybin, psilocyn and other natural medicine as defined by Colorado law. Regulated marijuana businesses are licensed under a different part of the code, Chapter 7, and that licensing does not change what Sec. 38-5 forbids on county property.

The Board of County Commissioners wrote the section under C.R.S. 18-9-117, 30-11-101 and 30-15-401. Subsection (II) tells the county manager to post notice of the prohibition on county property as deemed necessary or appropriate, following C.R.S. 18-9-117(2). Subsection (III) supplies the penalty. The section arrived with Ordinance No. 2025-01, dated 02/11/2025 and effective 2/14/2025.

Violations & Fines

A violation of Sec. 38-5 is a petty offense in unincorporated La Plata County. The section prints no fine or jail term. Its penalties are cumulative of and not a substitute for any other criminal statutes and penalties associated with the activities prohibited, so a Colorado charge for the same marijuana conduct can be added to the county one.

Frequently Asked Questions

Can I use marijuana at a county park or building in La Plata County?
No. Sec. 38-5(I)(B) makes it unlawful to use marijuana or marijuana-infused products on county property, and it also bans possessing, displaying, transporting, selling and the other listed acts there. The clause prints no event permit or other exception.
Does the ban cover edibles as well as flower?
Yes. The clause names marijuana and marijuana-infused products together, so edibles and other infused products are within the prohibition. Growing, producing, transferring and distributing them on county property are listed as separate unlawful acts.
Is simply possessing marijuana on county property enough for a violation?
Yes. Possession is listed on its own, separate from use and sale. Someone who carries marijuana onto county property without consuming it has still committed a prohibited act under Sec. 38-5(I)(B), and the penalty is a petty offense.
Does this rule apply inside Durango, Bayfield or Ignacio?
No. Section 38-5 belongs to the La Plata County Code adopted by the Board of County Commissioners and applies to county property. The three municipalities set their own rules within their limits, and tribal trust land is under the Southern Ute Indian Tribe.

Sources & Official References

Other rules in La Plata County

All La Plata County rules

Compare La Plata County to another location·View the Colorado public conduct overview

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