Monterey Park, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- "Smoke" defined to include
- cannabis/cannabis products (§ 6.20.020)
- Banned locations
- public buildings, parks, common areas, outdoor dining
- Buffer zone
- 20 feet (25 feet from playgrounds)
- Violation classification
- infraction under § 4.10.030(a)(2)
- First-offense fine
- up to $100
Summary
In the City of Monterey Park, the smoking ordinance folds cannabis into its definition of smoking: Municipal Code Section 6.20.020 says 'smoke' includes using cannabis or a cannabis product in any pipe, cigar, cigarette or electronic cigarette. Section 6.20.030(a) bans smoking outright in signed public buildings, public parks, common areas and outdoor dining areas, so consuming marijuana in those posted places is unlawful the same as tobacco.
"Smoke or smoking"means: (1) carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind; and (2) operating or using an electronic cigarette. "Smoke" includes, without limitation, use of cannabis or a cannabis product in any pipe, cigar, cigarette, or electronic cigarette of any kind. ... ... § 6.20.030. Prohibition. (a) Except as otherwise provided, it is unlawful for any person at any time to smoke in any of the following public places where signs are posted in accordance with this code: (1) Public buildings owned or operated by the city of Monterey Park; (2) Public parks; (3) Common areas; and (4) Outdoor dining areas.
Full Breakdown
Monterey Park's Chapter 6.20 does not treat cannabis as separate from tobacco: Section 6.20.020 defines 'smoke or smoking' to include carrying or lighting a pipe, cigar or cigarette, operating an electronic cigarette, and explicitly using cannabis or a cannabis product in any pipe, cigar, cigarette or electronic cigarette. Section 6.20.030(a) then bans that conduct at any time in public buildings the city owns or operates, public parks, common areas such as publicly accessible restrooms, elevators, courtyards or parking structures, and outdoor dining areas, wherever the required signs are posted. Subsection (b) extends the ban outward with buffer zones: no smoking, cannabis included, within twenty feet of those same public buildings, parks, common areas or outdoor dining areas, and within twenty-five feet of a playground or tot-lot sandbox under state Health and Safety Code Section 104495.
A responsible person may carve out a designated smoking area under Section 6.20.035, but only within a common area, beyond the twenty-foot buffer, posted with all-capital 'SMOKING AREA' signage at least one inch tall, carrying a Proposition 65 warning, and approved by the community development director as a conditional use under Chapter 21.66; failing to comply with those conditions is itself an infraction. Section 4.10.030(a)(2) designates a violation of Section 6.20.030 specifically as an infraction rather than a misdemeanor, and Section 4.10.040 fixes the fine at up to one hundred dollars for a first offense, two hundred dollars for a second violation of the same section within a year, and five hundred dollars for each further violation within that year.
Violations & Fines
Smoking, including consuming cannabis or a cannabis product in a pipe, cigar, cigarette or electronic cigarette, inside a posted public building, park, common area or outdoor dining area, or within the twenty- or twenty-five-foot buffer zones, is designated an infraction under Section 4.10.030(a)(2). Section 4.10.040 sets the fine at up to $100 for a first violation, $200 for a second violation of the same section within a year, and $500 for each additional violation within that year; a third violation within twelve months may instead be charged as a misdemeanor.
Frequently Asked Questions
Is smoking marijuana in a Monterey Park park illegal?
How close to a Monterey Park public building can I legally smoke cannabis?
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Sources & Official References
Other rules in Monterey Park
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