Loveland, CO Public Conduct: Public Marijuana Use (2026)

Loveland Municipal Code § 7.40.045, adopted by Ordinance 5839 § 4 in 2013, makes it "unlawful for any person to openly and publicly smoke marijuana within any enclosed area." The section operates in addition to the general smoking restrictions of § 7.40.030, which bar smoking in dozens of listed indoor areas, and it applies notwithstanding the exceptions carved out in § 7.40.040 for private homes, private vehicles and other exempted spaces, so those exemptions do not shield open or public marijuana smoking.

The section defines its own terms separately from the rest of Chapter 7.40's tobacco-focused text. "Openly" means occurring in a manner that is unconcealed, undisguised or obvious. "Publicly" means occurring in a public place, or in any outdoor location where marijuana consumption is clearly observable from a public place. "Public place" is defined broadly to include public sidewalks, trails, streets and highways, public transportation facilities and vehicles, schools, places of amusement, parks, playgrounds and other outdoor recreational areas, and the common areas of public and private buildings and facilities. "Enclosed area" means a permanent or semi-permanent area covered and surrounded on all sides; temporarily opening a window or removing a wall or ceiling panel does not convert it into an unenclosed area.

Because Colorado legalized recreational marijuana for adults under Amendment 64, Loveland cannot ban private, unobserved consumption outright, so § 7.40.045 targets only conduct that is both open and public, or that occurs inside an enclosed structure. Enforcement runs through the Loveland Police Department under the city's Chapter 7.40 smoking framework.