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

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

Key Facts

Public use
Unlawful public nuisance citywide
Civil penalty
$500 per day unabated
Criminal penalty
Misdemeanor ($500/6 mo.) or infraction ($250)
Appeal window
7 calendar days to City Clerk
Hearing body
Board of appeals hearing panel

Summary

Smoking or ingesting marijuana in any public place is declared an unlawful public nuisance under Roseville Municipal Code Section 19.63.060. The rule sits inside the city's marijuana cultivation and use chapter, and violators face nuisance abatement, misdemeanor or infraction charges, and civil penalties up to $500 a day.

It is hereby declared to be unlawful and a public nuisance for any person to create a public nuisance in the course of cultivating and/or using marijuana or marijuana products in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:... D. Any other impacts on the neighborhood or public generally which are disruptive of normal activity in the area, including, but not limited to, smoking or ingesting marijuana or marijuana products in any public place, smoking marijuana or marijuana products in a location where smoking tobacco is prohibited, or any other prohibited activities outlined in California Health and Safety Code Section 11362.3, as may be amended from time to time.

Full Breakdown

Chapter 19.63 regulates marijuana cultivation and use citywide and folds public consumption into its public-nuisance standard. Section 19.63.060 declares it unlawful and a public nuisance to create a nuisance while cultivating or using marijuana anywhere, indoor or outdoor, and lists smoking or ingesting marijuana or marijuana products in any public place, or smoking where tobacco smoking is already prohibited, as one of the impacts that establishes the violation, alongside disturbing odors and repeated law-enforcement responses. The section also cross-references California Health and Safety Code Section 11362.3, the state list of prohibited public-consumption locations.

Enforcement runs through Section 19.63.080. A violation is itself declared a public nuisance, and the City's enforcement officer can issue a written notice and order to abate describing the violation, the evidence relied on, and the deadline to fix it. A property owner or occupant has seven calendar days from service of that notice to file a written appeal with the City Clerk; if they do, the Planning Commission's board-of-appeals hearing panel must hold a hearing at least ten days later where both sides can present evidence and cross-examine witnesses. If the order becomes final, whether because no appeal was filed or after a hearing decision, the property owner and any occupant cultivating marijuana in violation face a civil penalty of $500.00 for each day the violation continues past the abatement deadline, though the enforcement officer or hearing panel can reduce that daily rate for good cause.

Violations & Fines

Under Section 19.63.070, noncompliance is also a zoning violation subject to Chapter 19.90's penalties: a misdemeanor punishable by up to $500.00 and six months in jail, or an infraction up to $250.00 at the City Attorney's discretion. Section 19.63.080(C)(4) separately layers on a civil penalty of $500.00 per day the nuisance continues unabated after a final order, recoverable through civil action or a nuisance abatement warrant.

Frequently Asked Questions

Is it legal to smoke marijuana in a Roseville park or on a public sidewalk?
No. Section 19.63.060(D) lists smoking or ingesting marijuana in any public place as one of the impacts that makes the activity an unlawful public nuisance, and the same section bars smoking marijuana anywhere tobacco smoking is already prohibited under city or state rules.
What penalty applies to public marijuana use in Roseville?
A violation can be charged as a misdemeanor (up to $500.00 and six months in jail) or reduced to an infraction (up to $250.00) at the City Attorney's discretion, and if the City issues a formal abatement order, a separate civil penalty of $500.00 per day can apply until it is fixed.
Can I appeal a City notice to abate a marijuana nuisance?
Yes. Section 19.63.080(C)(1)(e) gives the property owner or occupant seven calendar days from service of the notice to file a written appeal with the City Clerk, which triggers a hearing before the board of appeals hearing panel at least ten days later.

Sources & Official References

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