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

Section 7-3 of the Novato Municipal Code, titled the Novato Smoke-Free Air and Health Protection Ordinance, is the City of Novato's rule for smoking marijuana in public. Section 7-3.2 defines smoke to include tobacco smoke, electronic smoking device vapors, marijuana smoke and crack cocaine smoke. It defines smoking as inhaling or exhaling smoke, or carrying any lighted, heated or ignited cigar, cigarette, pipe, hookah, electronic smoking device or plant product intended for human inhalation. By its wording, tobacco product also covers any product containing, made or derived from marijuana that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means.

Section 7-3.4 prohibits smoking and tobacco product use in the unenclosed areas of recreational areas, service areas, public places, dining areas, bars and the common areas of multi-unit residences. Public place is defined to include parks, playgrounds, sidewalks and streets, bars, restaurants, bus shelters and other places open to the general public, but not the inside of private vehicles. Section 7-3.3 adds a ban in the enclosed areas of public places, multi-unit residences and their common areas, dining areas and service areas. Section 7-3.7 keeps smoking a reasonable distance, defined in section 7-3.2 as 20 feet, from doorways, windows and vents into smoke-free enclosed areas.

A person with legal control over the common area of a multi-unit residence can designate a smoking area that is a reasonable distance from units and children's areas, no more than ten percent of the unenclosed area, with a marked perimeter and conspicuous signs. Section 7-3.8 requires No Smoking signs at each point of ingress with letters of at least one inch, and the lack of signs is not a defense. Section 7-3.11 states that the section does not regulate conduct preempted by the State of California.