Milpitas, CA Public Conduct: Public Marijuana Use (2026)

Chapter 215's definitions section leaves no ambiguity about marijuana. Section V-215-1.15(n) defines "smoke" to include, without limitation, tobacco smoke, electronic smoking device vapors, and marijuana smoke, and subsection (o) defines "smoking" to cover inhaling, exhaling or burning any cannabis or plant product, carrying any lighted or activated cannabis product intended for inhalation, and using an electronic smoking device. Section V-215-1.20(a) then bans smoking in the enclosed areas of every place of employment and public place in the City, and (b) extends the ban to unenclosed recreational areas, outdoor dining areas, service areas, and public places being used for a public event such as a farmers market, parade or craft fair.

"Recreational area" is defined broadly in § V-215-1.15(l) to include parks, sports fields, walking paths, trails, pools, skate parks and their parking lots, so smoking marijuana anywhere in a Milpitas park is squarely covered. A 25-foot "reasonable distance" buffer under § V-215-1.20(c) extends the ban around the entrances, exits and vents of every enclosed and unenclosed area where smoking is already prohibited, and the prohibition follows into multi-unit housing common areas and near unit doorways under § V-215-1.30 beginning January 1, 2022. The only carve-outs are stage productions, areas the chapter does not otherwise restrict, and private residences that are not multi-unit residences, under § V-215-1.25.

Violation is enforceable under § I-1-4.09 or by administrative citation under Title I, Chapter 21, with each instance of smoking treated as a separate violation and any breach declared a public nuisance under § V-215-1.45.