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Provo, UT Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing section
Provo City Code 9.14.050
State act adopted
Utah Controlled Substances Act, 9.40.040
Max fine
$1,000 (Sec. 1.03.010)
Max jail time
6 months, county jail
Prescription exception
Valid prescription or practitioner order only
Enforcing agency
Provo Police Department

Summary

Provo makes it unlawful to knowingly possess marijuana or any other controlled substance anywhere in the city, public or private, unless it comes from a valid prescription. There is no carve-out for personal-use amounts consumed in public; officers can cite under the city code as well as state law.

It shall be unlawful for any person knowingly and intentionally to possess a controlled substance as defined in the Utah Controlled Substances Act unless it was obtained pursuant to a valid prescription or order or directly from a practitioner while the practitioner is acting in the course of professional practice or except as otherwise authorized by Subsection 58-37-8(c), Utah Code, as amended, Utah Controlled Substances Act.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 2026-17, passed June 9, 2026).

Full Breakdown

050 prohibits knowingly and intentionally possessing a controlled substance as defined in the Utah Controlled Substances Act, unless the substance was obtained through a valid prescription or order, or directly from a practitioner acting in the course of professional practice, or as otherwise authorized under Utah Code 58-37-8(c). Marijuana is a Schedule I controlled substance under the Utah Controlled Substances Act unless the possessor holds a valid medical cannabis card under the state's separate Medical Cannabis Act, so smoking, vaping or otherwise using marijuana in a park, on a sidewalk, at a BYU-area gathering or anywhere else in public falls squarely within this ban.

050(2) covers joint or individual ownership, control, occupancy, holding, retaining or obtaining of the substance, and a person can be convicted for jointly participating with others in possession even without proof they personally held the drug, which reaches shared blunts, group smoking circles and passenger possession in a vehicle. ) as part of the city code, giving Provo police and the city prosecutor's office authority to charge violations under municipal ordinance rather than routing every case through the county attorney. 010: a fine of up to $1,000, up to six months in the county jail, or both.

Officers responding to a complaint of public marijuana use typically seize the substance as evidence and issue a citation or make an arrest on the spot; there is no diversion program built into the municipal code itself.

Violations & Fines

A first violation of Section 9.14.050 is punished under the general penalty of Provo City Code 1.03.010: a fine up to $1,000, up to six months in the Utah County jail, or both, since the offense is described as 'unlawful' rather than a lesser-graded misdemeanor. Provo Police may seize any marijuana found and refer the case to the city prosecutor for municipal charges or to the Utah County Attorney for a state-level drug charge, depending on quantity and circumstances.

Frequently Asked Questions

Is smoking marijuana in a Provo park legal with a medical card?
Only if you hold a valid medical cannabis card issued under Utah's separate Medical Cannabis Act and the product and method comply with that program; Section 9.14.050 exempts possession obtained under a valid prescription or practitioner order, but public smoking can still run afoul of separate smoking restrictions.
Can I be charged if I was just standing near someone smoking marijuana?
Yes. Section 9.14.050(2) defines possession to include joint participation with others who possess a controlled substance, with knowledge the activity is occurring, so being an active participant in a group without personally holding the drug can still support a charge.
What is the maximum penalty for public marijuana possession in Provo?
Up to a $1,000 fine, up to six months in the Utah County jail, or both, under the general criminal penalty in Provo City Code 1.03.010, since Section 9.14.050 labels the conduct unlawful rather than a lesser class C misdemeanor.
Does Provo have its own drug law or does it just use the state statute?
Both. Section 9.40.040 adopts the entire Utah Controlled Substances Act into the Provo City Code, and Section 9.14.050 separately makes possession unlawful, letting Provo police and prosecutors pursue violations as municipal ordinance offenses.

Sources & Official References

Other rules in Provo

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