National City, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Smoking rule
- Prohibited anywhere tobacco smoking is prohibited (§ 10.14.050)
- Public consumption
- Display, consume, sell or use banned in public areas, parks and buildings
- Dining areas
- No smoking in open air dining areas or within twenty feet
- Penalty
- Misdemeanor citation per day, up to one year jail and $1,000 fine
- Enforcers
- Fire marshal, police officers and code compliance officers
- Under twenty-one
- Possessing or purchasing marijuana is unlawful
Summary
National City prohibits smoking marijuana anywhere tobacco smoking is prohibited, and separately makes it unlawful to consume or use marijuana in any public area, public park or public building. Police officers, the fire marshal and code compliance officers enforce Chapter 10.14, with misdemeanor citations carrying up to one year in jail and a one thousand dollar fine.
A.General prohibition. The smoking of marijuana is prohibited anywhere the smoking of tobacco is prohibited.B.Smoking of marijuana shall be prohibited as stated in Health and Safety Code Section 11362.3.
Full Breakdown
National City Municipal Code § 10.14.050(A) prohibits smoking of marijuana anywhere the smoking of tobacco is prohibited, and subsection B adds that smoking of marijuana is prohibited as stated in Health and Safety Code Section 11362.3. Because subsection A borrows the tobacco map, its reach comes from other chapters. Chapter 9.37 prohibits smoking in all open air dining areas on private or public property, including the public right-of-way, and within twenty feet of an open air dining area except while actively passing on the way to another destination. Chapter 9.36 implements Labor Code Section 6404.5 for enclosed places of employment and designates the county of San Diego department of health services as its enforcement authority.
Consumption is covered by a separate rule. Section 10.14.040(B) makes it unlawful for any person to display, consume, sell, or use marijuana in or upon any public area, public park, or public building. Subsection A makes it unlawful for a person under twenty-one years of age to possess, transfer, transport or purchase marijuana, marijuana products or marijuana accessories, and subsection C makes it unlawful to buy marijuana for, provide it to, or sell it to anyone under twenty-one. Subsection D ties § 10.14.040 to the passage of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act, on November 8, 2016.
Section 10.14.070 assigns enforcement to the fire marshal, any police officer, any code compliance officer, and any other city official authorized to enforce any provision of the municipal code. Section 10.14.080 adds that nothing in the chapter limits or precludes enforcement of other applicable laws. Chapter 10.14 also prohibits outdoor cultivation of marijuana regardless of purpose (§ 10.14.030(A)), and Chapter 10.43 separately addresses alcohol, marijuana and other controlled substance offenses by minors and juveniles. The chapter was adopted by Ord. No. 2016-2414 and Ord. No. 2016-2416 in October and November 2016.
Violations & Fines
Section 10.14.060(A) makes a violation of Chapter 10.14 subject to prosecution under Title 1 of the National City Municipal Code and enforceable through injunctive relief. Penalties can be a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a one thousand dollar fine. Section 10.14.060(C) authorizes administering departments to charge cost recovery fees for services and for equipment and personnel expenses, set by city council resolution.
Frequently Asked Questions
Is it legal to smoke marijuana in a National City park?
Can I smoke marijuana on a restaurant patio in National City?
Who enforces the marijuana smoking ban in National City?
What is the penalty for violating the public marijuana rules?
Sources & Official References
Other rules in National City
California rules heatmap·Compare National City to another location·View the California public conduct overview
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Public Marijuana Use in Nearby Cities
How other cities in San Diego County handle public marijuana use.