San Bernardino, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing chapter
- SBMC Ch. 8.97
- Buffer near sensitive uses
- 1,000 feet of schools, parks, daycares
- Buffer near doors/vents
- 50 feet
- First infraction fine
- Up to $100
- Misdemeanor max penalty
- $1,000 fine / 6 months jail
Summary
Chapter 8.97 bans smoking or vaping cannabis in every public place, dining area, service area, recreational area and place of employment in San Bernardino, indoors or out, plus within 50 feet of the doors and windows of those places. Violators face infraction fines up to $500 or misdemeanor prosecution.
Smoking and inhaling of cannabis products are prohibited in the unenclosed areas of the following places, as defined in § 8.97.030: (A) Dining areas; (B) Public places; (C) Recreational areas; (D) Service areas; and (E) Places of employment.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Supplement contains: Local legislation current through Ord. MC-1666, passed 8-5-2026).
Full Breakdown
040. 040(B)(3) separately bans smoking within 50 feet of any door, window or vent leading into a public place, dining area, service area or recreational area, except on private residential property. The chapter's definition of PROHIBITED SMOKING AREA further bars cannabis smoking within 1,000 feet of any K-12 school, daycare center, youth center, library, park or area used primarily by minors, and any alcohol rehabilitation or substance abuse facility. 080 to ask a smoker to stop and to leave before liability attaches to the owner. 070(B). 120).
Violations & Fines
Under § 8.97.150, violating the smoking ban is a misdemeanor punishable by up to a $1,000 fine and six months in county jail, though the City Attorney may instead charge it as an infraction: $100 for a first offense, $200 for a second within a year, and $500 for a third, with a fourth offense within a year charged as a non-reducible misdemeanor.
Frequently Asked Questions
Is it legal to smoke cannabis in a San Bernardino park?
Can I smoke cannabis outside a San Bernardino restaurant patio?
What is the penalty for smoking cannabis in public in San Bernardino?
Sources & Official References
Other rules in San Bernardino
California rules heatmap·Compare San Bernardino to another location·View the California public conduct overview
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Public Marijuana Use in Nearby Cities
How other cities in San Bernardino County handle public marijuana use.