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Sahuarita, AZ Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Ban on town property
Use, sale, cultivation, manufacture barred
Public smoking ban
Any public place or open space
Open space defined
Parks, sidewalks, walkways, thoroughfares
General penalty
Class one misdemeanor, up to $2,500
Adopted by
Ordinance 2020-152

Summary

Sahuarita bans smoking marijuana in any public place or open space, and bars marijuana use, sale, cultivation or manufacture on any town-owned or town-controlled property, under Town Code § 9.20.030. 'Open space' reaches public parks, sidewalks, walkways and pedestrian thoroughfares, and 'public place' borrows the Smoke-Free Arizona Act's definition.

A. The use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products is prohibited on property that is occupied, owned, controlled or operated by the town of Sahuarita. B. It is unlawful for an individual to smoke marijuana in a public place or open space in the town of Sahuarita.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4745395; v0 updated 2025-12-08; through 12-08-2025).

Full Breakdown

030 sets two separate bans. Subsection A prohibits the use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products on any property occupied, owned, controlled or operated by the town of Sahuarita, reaching town parks, offices, the municipal complex and any other town-run site regardless of whether the surrounding area is otherwise a public place. Subsection B separately makes it unlawful for an individual to smoke marijuana in a public place or an open space anywhere in town. 01, and defines 'open space' to mean a public park, public sidewalk, public walkway or public pedestrian thoroughfare, and 'smoke' to mean inhaling, exhaling, burning, carrying or possessing any lighted marijuana or marijuana product, whether natural or synthetic.

The chapter was adopted by Ordinance 2020-152 after Arizona voters legalized recreational marijuana, and it is Sahuarita's mechanism for keeping consumption off town property and out of open-air public spaces even though possession itself is legal under state law. The ban does not reach private property, where an adult's marijuana use remains governed by state law rather than this chapter.

Violations & Fines

Chapter 9.20 carries no penalty section of its own, so a violation falls under the town's general penalty, § 1.05.100: a class one misdemeanor punishable by up to a $2,500 fine, up to six months in jail, or both, though the town may instead charge it as a civil offense capped at $500. Each day the marijuana use or sale continues on town property counts as a separate offense.

Frequently Asked Questions

Can I smoke marijuana in a Sahuarita park?
No. Town Code § 9.20.030(B) makes it unlawful to smoke marijuana in any public place or open space in Sahuarita, and 'open space' is defined in § 9.20.020 to include public parks, sidewalks, walkways and pedestrian thoroughfares.
Is marijuana allowed anywhere on town property?
No. Section 9.20.030(A) bars the use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products on any property occupied, owned, controlled or operated by the town of Sahuarita, regardless of whether the specific spot is otherwise open to the public.
What's the penalty for smoking marijuana in public in Sahuarita?
Chapter 9.20 doesn't set its own fine, so the town's general code penalty in § 1.05.100 applies: a class one misdemeanor carrying up to a $2,500 fine and six months in jail, though the town can instead charge it as a civil offense capped at $500 per day.

Sources & Official References

Other rules in Sahuarita

All Sahuarita rules

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