New Orleans, LA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Ban scope
- smoking marijuana outside any private home/residence
- Indoor exception denied
- childcare, daycare, health-care residences
- Fine
- up to $50 per violation
- Effective date
- Sept. 15, 2021 (Ord. 28744)
- Enforced by
- NOPD (summons only), Dept. of Health
- Report a violation
- city 311 Service Center
Summary
New Orleans outright bars smoking marijuana anywhere outside a private home or residence under City Code § 66-73.1, part of the Smoke Free Air Act. The ban reaches every street, park, vehicle and outdoor public space citywide, and it applies even indoors in homes used for childcare, daycare or as a health care facility.
Sec. 66-73.1. - Marijuana smoking prohibited outside of private residences. Notwithstanding any other provision of this Code to the contrary, smoking marijuana outside of a private home or residence shall be a violation of this article. Marijuana smoking shall not be permitted within a private home or residence that is being used for childcare or daycare or as a health care facility.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 116 Update 1).
Full Breakdown
S. Ord. No. 28744 §1 (adopted Aug. 5, 2021, effective Sept. 1 sits inside the same Smoke Free Air Act article that governs tobacco and vaping (Chapter 66, Article II, Division 2). 1 confirms that whatever exemptions apply to tobacco smoking elsewhere in the article do not rescue marijuana smoking outside a private residence. The ban targets smoking specifically, not all forms of cannabis use, and it does not itself legalize or criminalize possession, which is governed separately by state law. Enforcement mirrors the rest of the Smoke Free Air Act: the Department of Health is the lead enforcer, with property management, safety and permits, parks and parkways, NORDC, fire and code enforcement staff also empowered (§66-38(a)); the public reports through the city's 311 Service Center (§66-38(c)); and police may act only by issuing a municipal summons, never by seizing the product (§66-38(h)).
S. 13:2512 or through Chapter 6 administrative adjudication, and violations are also declared a public nuisance that the Department of Health can abate by injunction (§66-40(g)).
Violations & Fines
An individual who smokes marijuana outside a private home or residence is liable for a fine of up to $50 per violation under §66-40(c), the same penalty tier as any other unlawful outdoor smoking. Each day the violation continues counts as a separate offense (§66-40(h)), and the Department of Health may seek injunctive relief for repeated violations (§66-40(g)).
Frequently Asked Questions
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Does this ordinance make marijuana legal in New Orleans?
Sources & Official References
Other rules in New Orleans
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