Philadelphia, PA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Fine for public smoking
- $100
- Fine for possession/purchase
- $25
- Small amount defined
- 30 grams or less
- Enforcement
- Civil Notice of Violation, not arrest
- Community service option
- Up to 9 hours, fine suspended
Summary
Smoking a small amount of marijuana in any public space in Philadelphia is a civil violation carrying a $100 fine, separate from the lower $25 fine for simple possession or attempted purchase.
(2) The following shall be a civil violation of this Section: ... (b) Smoking a small amount of marijuana in any public space. ... (5) Penalties. ... (b) The penalty for a violation of subsection (2)(b) by an adult or minor under the age of eighteen (18) shall be a civil fine of one hundred dollars ($100) for each violation. The court may in its discretion suspend the fine imposed under this subsection (5)(b) if the person found liable agrees to and does in fact perform such community service as the court deems appropriate, up to nine hours.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 Code: Electronic version of The Philadelphia Code and Home Rule Charter is current through August 19, 2026).
Full Breakdown
Philadelphia Code Chapter 10-2100 makes smoking a small amount of marijuana (30 grams or less) in a public space, any street, alley, park, sidewalk, vehicle on a public way, or place open to the public, a civil violation punishable by a $100 fine, higher than the $25 fine for mere possession or attempted purchase. Police issue a Notice of Violation rather than making an arrest for this offense alone, and a court can suspend the fine if the violator completes up to nine hours of community service. Minors face the same fine, with their parent or guardian notified and held responsible for payment. Police retain full authority to arrest for any other offense observed during the stop.
Violations & Fines
Smoking marijuana in a public space, $100 civil fine; possession or attempted purchase of 30 grams or less, $25 fine; police can still arrest for other offenses observed.
Frequently Asked Questions
Is smoking marijuana in public illegal in Philadelphia?
What counts as a "public space" under this ordinance?
Can the $100 fine be reduced?
Sources & Official References
Other rules in Philadelphia
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