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Prescott Valley, AZ Public Conduct: Public Marijuana Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Public smoking
Unlawful on public property, in a public space, or open space
Town property
Use, sale, cultivation and distribution prohibited (Section 10-07-030(A))
Penalty
Class 1 Misdemeanor (Section 10-07-070(C))
Continuing violations
Each day is a separate offense
Posted private property
Knowing consumption after notice of a ban is unlawful
Definitions
Borrowed from A.R.S. Section 36-2850

Summary

Under Article 10-07 of the Prescott Valley Town Code, it is unlawful to smoke marijuana on public property, in a public space, or in open space in the Town of Prescott Valley, and use, sale or cultivation is prohibited on Town property. A violation is a Class 1 Misdemeanor, and each day counts as a separate offense.

A. The use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products is prohibited on Town property. B. It is unlawful for an individual to smoke marijuana or marijuana products on public property, in a public space, or open space in the Town. ... It is unlawful, where reasonable notice prohibiting marijuana or marijuana product consumption has been provided, to knowingly consume marijuana or marijuana products in or on property where a person that occupies, owns or controls the property has prohibited consumption of marijuana or marijuana products on the premises. ... A. Each day any violation of any provision of this Article shall continue shall constitute a separate offense. ... C. Violation of this Article shall be a Class 1 Misdemeanor.

Full Breakdown

Article 10-07 of the Prescott Valley Town Code, titled Recreational Marijuana, came in through Ordinance No. 887, enacted 01/28/21 by the Town Council of the Town of Prescott Valley, Arizona. Section 10-07-010 ties it to Arizona Revised Statutes Sections 36-2851 and 36-2857 and says it prohibits or regulates use, sale, cultivation, manufacture, transport, production, distribution and possession in addition to the zoning limits in Chapter 13. Section 10-07-020 adopts the definitions in A.R.S. Section 36-2850 instead of writing local ones.

The public-place rules sit in Section 10-07-030. Subsection A prohibits the use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products on Town property. Subsection B makes it unlawful for an individual to smoke marijuana or marijuana products on public property, in a public space, or open space in the Town. Subsection A reaches every form of use on Town land, while Subsection B is worded around smoking and extends to public property, public space and open space in the Town.

Section 10-07-060 adds a notice-based rule for places that are not public. Where reasonable notice prohibiting marijuana or marijuana product consumption has been provided, it is unlawful to knowingly consume marijuana or marijuana products on property where the person who occupies, owns or controls it has prohibited consumption on the premises. Both the notice and the knowledge are elements of the offense.

Section 10-07-040 covers home use. Cultivation is unlawful in the Town except as provided by the Arizona Medical Marijuana Act, the Arizona Smart and Safe Act and Chapter 13, and processing or manufacturing with any liquid or gas other than alcohol that has a flashpoint below one hundred (100) degrees Fahrenheit is prohibited. Section 10-07-050 is reserved after Ordinance No. 2025-962 repealed it on 10/09/25.

Violations & Fines

Violation of Article 10-07 is a Class 1 Misdemeanor under Section 10-07-070(C), and each day a violation continues is a separate offense. Section 10-07-070(B) stacks these penalties on top of any other Town Code, state or federal violation arising from the same conduct, and a conviction does not excuse correcting prohibited conditions. Section 1-08-010(B) also makes a Code violation a civil offense with a civil sanction not to exceed $2,500.

Frequently Asked Questions

Can I smoke marijuana in a Prescott Valley park or on a public sidewalk?
No. Section 10-07-030(B) makes it unlawful for an individual to smoke marijuana or marijuana products on public property, in a public space, or open space in the Town of Prescott Valley. Section 10-07-030(A) separately prohibits the use, sale, cultivation, manufacture, production or distribution of marijuana on Town property, so the ban on Town land is broader than smoking alone.
What is the penalty for public marijuana use in Prescott Valley?
Section 10-07-070(C) says a violation of Article 10-07 is a Class 1 Misdemeanor. Under Section 10-07-070(A) each day a violation continues is a separate offense. Section 1-08-010(B) of the Town Code also treats a Code violation as a civil offense with a civil sanction not to exceed $2,500.
Can a landlord or business owner ban marijuana consumption on its property?
Yes, and the Town Code backs the ban. Section 10-07-060 makes it unlawful, where reasonable notice prohibiting consumption has been provided, to knowingly consume marijuana or marijuana products on property where the person who occupies, owns or controls the property has prohibited consumption on the premises. Giving reasonable notice is what triggers the offense.
Does the Town of Prescott Valley allow growing marijuana at home?
Only within state law and Chapter 13. Section 10-07-040(A) makes cultivation unlawful in the Town except as provided by the Arizona Medical Marijuana Act, the Arizona Smart and Safe Act and Chapter 13 of the Town Code. Subsection B also prohibits processing with any liquid or gas other than alcohol that has a flashpoint below one hundred (100) degrees Fahrenheit.

Sources & Official References

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