Salinas, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Marijuana covered
- Yes, defined as 'smoking' in Sec. 16-11.020(o)
- First violation fine
- Up to $100
- Third violation fine
- Up to $500 (within 12 months)
- Enforcing agency
- County health officer or designee
- Key exemption
- Private residences (non-childcare/health use)
Summary
Salinas Municipal Code Sec. 16-11.020 defines 'smoking' under the city's smoking pollution control law to expressly include smoking marijuana for medical or recreational purposes, and Sec. 16-11.030 bans smoking, including marijuana, inside buildings open to the public, covered parking lots, transit vehicles, service areas, city vehicles and enclosed workplaces. Violators face escalating infraction fines starting at $100.
"Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited "tobacco product" or "electronic smoking device" or any plant intended for human inhalation. "Smoking" includes smoking marijuana for medical purposes or recreational purposes... Except as provided in this article, smoking is prohibited in the following places located in the City of Salinas: (a)Buildings. All enclosed areas of buildings which are open to the public.(b)Covered public parking lots and parking areas, including stairwells.(c)Buses, taxicabs, shuttles, or other means of transportation operating in the City of Salinas.(d)Service areas.(e)City-owned vehicles.(f)Where any person or entity that either owns or exercises management and control over the property and has declared the area, where smoking would otherwise be allowed, to be a non-smoking area and posts "No Smoking" signs as described in this article.(g)Enclosed places of employment.
Full Breakdown
Salinas' smoking pollution control ordinance, enacted in 2021 as Ord. No. 2645, does not treat marijuana as exempt from its public-smoking ban. Sec. 16-11.020(o) defines 'smoking' as inhaling, exhaling, burning or carrying any lighted, heated or ignited tobacco product, electronic smoking device, or 'any plant intended for human inhalation,' and specifies that 'smoking' includes smoking marijuana for medical purposes or recreational purposes. That definition folds marijuana directly into Sec. 16-11.030's list of prohibited public locations: all enclosed areas of buildings open to the public, covered public parking lots and parking areas including stairwells, buses, taxicabs, shuttles or other transportation operating in the city, service areas where people wait for or receive service, city-owned vehicles, enclosed places of employment, and any area an owner or manager has posted as non-smoking.
The ban carries the same exceptions as the tobacco rules: Sec. 16-11.150 exempts private residences (other than licensed childcare or health facilities), government-operated facilities, and designated smoking rooms in bars, gaming clubs and long-term care facilities that meet ventilation and enclosure conditions, and Sec. 16-11.140 allows employer-designated, separately-ventilated employee breakrooms. Sec. 16-11.200 puts enforcement with the county health officer or a designee, who can act on citizen complaints, and Sec. 16-11.160 requires posted 'No smoking' signage at building entrances; the absence of a sign is not a defense to a citation.
Violations & Fines
Sec. 16-11.180 makes smoking, including marijuana, in a prohibited area unlawful and, by default, an infraction: $100 for a first violation, $200 for a second within twelve months, and $500 for a third within twelve months, plus possible administrative fines under Chapter 1, Article V. Any person or business that owns, manages or controls a covered premises and fails to enforce the ban is separately liable, and a violation is also declared a public nuisance.
Frequently Asked Questions
Is smoking marijuana in public illegal in Salinas?
What's the fine for smoking marijuana in a banned area?
Can I smoke marijuana at home or in my car?
Sources & Official References
Other rules in Salinas
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