San Clemente, CA Public Conduct: Public Marijuana Use (2026)

035(C)(1) folds California's own restrictions on where and how marijuana may be consumed into city law: personal recreational use, possession, purchase, transport, or dissemination is unlawful in all areas of San Clemente to the extent state law already forbids it, which under state Health and Safety Code rules covers smoking or ingesting cannabis in any public place, in a vehicle being driven or ridden in, or near a school or youth center while children are present. The section goes further than a bare cross-reference by adding two of its own local prohibitions.

2 bars outdoor cultivation of marijuana in any zoning district in the city, defining outdoors broadly to include covered decks, carports, and open-air garden courts, and states that no use permit, building permit, variance, or other permit or entitlement shall be approved for such a use. 025. 16 of the Municipal Code as well as under state law. Because the local rule is written to track California's own public-consumption limits rather than create a separate citywide smoking ban, an officer citing someone for public use is applying the same substantive standard as the state Health and Safety Code, but doing so under the city's own nuisance-abatement and citation authority rather than relying solely on a state citation form.