Los Banos, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- City property covered
- Streets, sidewalks, parks, trails, plazas
- Off city-property standard
- Unlawful wherever State law forbids it
- Applies to
- Both recreational and medical use
- Nuisance duty
- No noxious odors, even where legal
- Enforcement
- Public nuisance plus misdemeanor/infraction
Summary
Los Banos bars smoking, ingesting or consuming marijuana citywide to the extent state law makes it unlawful, and separately bans all marijuana consumption on any property the city owns, leases or controls, including streets, sidewalks, parks and recreation facilities.
For purposes of this article, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent it is unlawful under State law. No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the City of Los Banos to the extent it is unlawful under State law. No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, on any property owned, leased, used, rented or controlled by the City, including, but not limited to, public streets and sidewalks, parks, City facilities, open space, bike and walking trails, plazas, recreation and sports facilities. ... All smoking, ingesting, and consumption of marijuana or marijuana products to the extent that it is allowed under State law shall be done in a manner so as to not cause a nuisance to nearby residents or persons with noxious odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4356507; v3 updated 2025-03-05).
Full Breakdown
3505(b) still requires it be done in a manner that avoids causing a nuisance with noxious odors disturbing to nearby residents or people in areas open to the public. 3504).
Violations & Fines
Consuming marijuana in violation of § 9-3.3505 is enforceable as a public nuisance abatable by the City under Code of Civil Procedure § 731 (§ 9-3.3506), and administrative penalties can be imposed under Title 4, Chapter 11 (§ 9-3.3507). The City Attorney can also prosecute a violation as a misdemeanor or an infraction under § 9-3.3508, and these remedies are cumulative with any other available penalty.
Frequently Asked Questions
Can I smoke marijuana in a Los Banos park?
Is it legal to smoke marijuana on my own property in Los Banos?
Does the public consumption ban apply to medical marijuana too?
What's the penalty for smoking marijuana in a Los Banos city park?
Sources & Official References
Other rules in Los Banos
California rules heatmap·Compare Los Banos to another location·View the California public conduct overview
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