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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Public place includes
Front yard, balcony, patio if viewable
Penalty class
Infraction, not misdemeanor
Tobacco overlap
Banned wherever tobacco smoking is banned
Odor rule
Must not be detectable off property

Summary

Smoking or ingesting cannabis anywhere the public can view it, including a front yard or patio visible from the street, is barred in Pomona under City Code Sec. 34-903, which also folds cannabis into the city's existing tobacco smoking restrictions.

(a)No person shall smoke or ingest cannabis in any public place. Public place shall include but not be limited to the front yard of a residence, or any balcony, patio, yard, or other non-enclosed portion of a property able to be viewed from public property, right-of-way, or another public place.(b)No odor or other environmental impact associated with the smoking of cannabis in a private residence shall be detectable, from a public place, right-of-way, neighboring public or private property, or beyond the bounds of the grounds of the private residence at any time.(c)Smoking of cannabis shall be prohibited in any building, structure, location, area or place where the Code currently prohibits the smoking of tobacco.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 31).

Full Breakdown

Sec. 34-903(a) of Article X bans smoking or ingesting cannabis in any public place, and defines "public place" expansively for this purpose: it reaches the front yard of a residence and any balcony, patio, yard or other unenclosed part of a property that can be viewed from public property, a public right-of-way, or another public place. That means a resident smoking cannabis on a front porch visible from the sidewalk is covered even though the porch is private property. Sec. 34-903(b) extends the rule indoors on the emission side, prohibiting odor or any other environmental impact from cannabis smoking in a private residence from being detectable off the property, from a public place, right-of-way or neighboring property at any time.

Sec. 34-903(c) folds cannabis smoking into whatever locations the code already bars tobacco smoking, so any building, structure or area where tobacco smoking is prohibited is automatically off-limits for cannabis smoking too. Sec. 34-904(b) treats a Sec. 34-903 violation differently from the rest of Article X: because state law classifies public cannabis smoking as an infraction, a violation here is an infraction rather than a misdemeanor, while every other article violation remains a misdemeanor punishable under Sec. 1-7 as a separate offense for each day it continues. Any violation can also be treated as a public nuisance abatable through administrative, injunctive or other equitable means under Sec. 34-904(c).

Violations & Fines

Smoking or ingesting cannabis in a public place, including a front yard, balcony, patio or other unenclosed area visible from public property, is a violation of Sec. 34-903(a), charged as an infraction under Sec. 34-904(b) per state law. Letting cannabis smoke odor escape a private residence detectably violates Sec. 34-903(b). Any violation may also be pursued as a public nuisance under Sec. 34-904(c).

Frequently Asked Questions

Can I smoke cannabis on my front porch in Pomona?
No. Sec. 34-903(a) defines "public place" to include a front yard, balcony, patio or any unenclosed part of a property visible from the street or a neighboring property, so smoking there is treated the same as smoking on a public sidewalk.
Is public cannabis smoking a misdemeanor in Pomona?
No. Sec. 34-904(b) specifically carves out Sec. 34-903 violations as infractions consistent with state law, unlike the rest of Article X's cultivation and permit rules, which remain misdemeanors.
Does the smoking ban apply if I'm in my backyard?
It depends on visibility: Sec. 34-903(a) only reaches unenclosed areas that can be viewed from public property, right-of-way or another public place, so a fully screened backyard not visible from outside is not covered by that subsection.

Sources & Official References

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