San Diego, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Prohibited conduct
- Smoking, vaping, or ingesting cannabis
- Where banned
- Any public place or place open to public
- Penalty
- Infraction citation
- Governing section
- SDMC § 42.1303
- Enforcement
- San Diego Police Department
Summary
San Diego bans smoking, vaping, and ingesting cannabis or cannabis products in any public place or place open to the public under SDMC §42.1303. Violators are guilty of an infraction.
Smoking, vaping, and ingesting of cannabis or cannabis products is prohibited in any public place or in any place open to the public. Any person who violates this section is guilty of an infraction.
(Renumbered from former Section 42.1313, and amended 4-27-2011 by O-20043 N.S.; effective 5-27-2011. Former Section 42.1304 repealed.) (Renumbered from former Section 42.1304, retitled from "Smoking" to "Smoking and Vaping Marijuana or Marijuana Products" and amended 2-22-2017 by O-20794 N.S.; effective 3-24-2017. Former Section 42.1303 "State Identification Card Holders: Permissible Amounts of Marijuana" repealed.) (Retitled from "Smoking and Vaping Marijuana or Marijuana Products" to "Smoking and Vaping Cannabis or Cannabis Products" and amended 1-8-2020 by O-21163 N.S.; effective 2-9-2020.)
Cannabis Cultivation
(a) Personal indoor cannabis cultivation is subject to the following regulations:
(1) Indoor cannabis cultivation for personal use, in a manner and amount consistent with state law, may occur in an area of no more than 64 square feet.
(2) For purposes of this section, indoor cannabis cultivation includes cultivation in a fully enclosed and secure accessory structure to a
Full Breakdown
San Diego Municipal Code §42.1303 makes it unlawful to smoke, vape, or ingest cannabis or cannabis products in any public place or in any place open to the public: parks, sidewalks, parking lots, and business premises included. The ban covers combustible smoking, vaping, and edibles alike, not just lit cannabis. Anyone who violates the section is guilty of an infraction, enforced by San Diego police. The rule sits in Chapter 4, Article 2, Division 13 of the Health and Sanitation code, the same division that covers the city's personal cannabis cultivation rules.
Violations & Fines
Smoking, vaping, or ingesting cannabis in public is an infraction under §42.1303, cited and fined by San Diego police on the spot; no permit or medical exception excuses it in public places.
Frequently Asked Questions
Can I smoke cannabis in a San Diego park?
Does the ban cover vaping and edibles, or just smoking?
Sources & Official References
Other rules in San Diego
California rules heatmap·Compare San Diego to another location·View the California public conduct overview
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Public Marijuana Use in Nearby Cities
How other cities in San Diego County handle public marijuana use.