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Peoria, AZ Public Conduct: Public Marijuana Use (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Peoria City Code § 17-71
Ordinary public place
Petty offense (fine only)
City-owned property
Class One misdemeanor
Max fine
$2,500 under § 1-5
Max jail term
Six months
Last amended
Ord. No. 2025-05, 3-4-25

Summary

Peoria City Code § 17-71 makes it unlawful to smoke, consume, or possess marijuana or marijuana products in any open space or public place in the City of Peoria, Arizona. Consuming on any premises owned, operated, or controlled by the City carries a far steeper criminal penalty than lighting up on an ordinary public sidewalk or in a park.

(a) To the fullest extent permitted by law, it is unlawful to consume, smoke, or possess Marijuana or Marijuana Products on premises that is occupied, owned, controlled, or operated by the City of Peoria. (b) It is unlawful for an individual to smoke or consume Marijuana or Marijuana Products in any open space or public place in the City of Peoria. (d) A violation of Subsections (a) and (c) of this Section is a Class One (1) misdemeanor subject to the provisions of Section 1-5 of the Code. (e) A violation of Subsection (b) of this Section is a petty offense, unless the open space or public place is occupied, owned, controlled, or operated by the City of Peoria, then said violation will be subject to the penalties set forth in Subsection (d) of this Section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-9: Supplement contains: LLocal legislation current through Ord. 2026-15, passed 6-16-26).

Full Breakdown

Section 17-71, adopted by Ordinance No. 2020-14 in November 2020 and last amended by Ordinance No. 2025-05 in March 2025, splits public marijuana use into two tiers. Subsection (a) bars consuming, smoking, or possessing marijuana or marijuana products on any premises occupied, owned, controlled, or operated by the City of Peoria, to the fullest extent state law allows. Subsection (b) separately bans smoking or consuming marijuana or marijuana products in any open space or public place anywhere in the city, whether or not the property belongs to the City.

Subsection (c) folds in the buffer and enclosed-space smoking restrictions found elsewhere in Chapter 17, making it unlawful to smoke marijuana anywhere ordinary tobacco smoking is already prohibited. The penalty structure in subsections (d) and (e) is what actually separates the two rules in practice: a violation of subsection (a) or (c) is a Class One misdemeanor under Section 1-5, but an ordinary subsection (b) violation, smoking on a public sidewalk or in a private-property open space, is only a petty offense unless that open space or public place happens to be City-owned or City-operated, in which case it jumps to the Class One misdemeanor tier along with (a) and (c).

Arizona's marijuana laws legalize possession but do not create a right to consume in public, so Peoria police can enforce this section anywhere within city limits, from Lake Pleasant's shoreline to downtown Old Town Peoria.

Violations & Fines

A first subsection (b) violation on ordinary public property, a street, sidewalk, or a private lot's open space, is a petty offense: a citation and fine, no criminal record. Smoking or possessing marijuana on City-owned or City-operated property, or violating subsections (a) or (c), is a Class One misdemeanor under Section 1-5: up to a $2,500 fine, six months in jail, and three years of probation. Two or more Code convictions within 24 months can trigger the habitual-offender enhancement.

Frequently Asked Questions

Can I smoke marijuana in a Peoria park?
No. Peoria City Code § 17-71(b) makes it unlawful to smoke or consume marijuana or marijuana products in any open space or public place in the city, and parks count. A first violation on ordinary city land, not City-owned or -operated property, is a petty offense carrying a fine but no jail time.
What if I'm caught smoking marijuana at a City of Peoria building or facility?
Subsection (a) bans consuming, smoking, or possessing marijuana on any premises owned, controlled, or operated by the City, and a violation there is a Class One misdemeanor under Section 1-5, punishable by up to a $2,500 fine, six months in jail, and three years of probation.
Does having a medical marijuana card make public use legal in Peoria?
No. Section 17-71 applies to the fullest extent permitted by law and does not exempt medical marijuana cardholders from the public-consumption ban; state law legalizes possession, not public smoking, so the same open-space and public-place restrictions apply regardless of a card.

Sources & Official References

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