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Santee, CA Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing section
SMC § 7.22.200
Population covered
Persons under 21 (minors)
Adult public use
Not addressed; governed by State law
Parental exception
Alcohol only, not marijuana
Legal basis
Yields to State/Federal law, § 7.22.230
Enforcement
Criminal, civil or administrative, § 7.22.220

Summary

Santee's Municipal Code does not create a general adult ban on public marijuana use; instead, § 7.22.200 targets minors: except as State law permits, no one under 21 may consume marijuana, alcohol or another controlled substance in any public place or place open to the public, or in a private place unless a parent or guardian supervises alcohol use.

Except as permitted by State law, it is unlawful for any minor to: A. Consume at any public place or any place open to the public any alcoholic beverage, marijuana or other controlled substance; or B. Consume at any place not open to the public any alcoholic beverage, marijuana, or other controlled substance, unless the minor consumes an alcoholic beverage under the supervision of the minor's parent or legal guardian.

Full Breakdown

Section 7.22.200 sits in Article 2 of Chapter 7.22, Consumption of Alcoholic Beverages by Minors, and is scoped explicitly to people under 21, defined as a 'minor' earlier in the chapter at § 7.22.110. Subsection A bars a minor from consuming an alcoholic beverage, marijuana or other controlled substance at any public place or any place open to the public. Subsection B extends the ban to places not open to the public, such as a private residence, unless the minor is consuming an alcoholic beverage under the direct supervision of their own parent or legal guardian, a carve-out that notably does not extend to marijuana or other controlled substances even with parental supervision.

The section opens 'except as permitted by State law,' which defers to state minimum-age and medical cannabis provisions the City cannot override. There is no separate Santee ordinance banning adult marijuana consumption in public beyond what state cannabis law already does, so any adult public-consumption question falls to state law, not this municipal code. Enforcement authority comes from § 7.22.220, which lets the City prosecute violations of the article criminally, civilly or administratively and preserves peace officers' arrest authority for any related offense, and from § 7.22.230, which confirms the article does not apply where preempted by state or federal law.

Violations & Fines

A minor who violates § 7.22.200 can be prosecuted criminally, civilly or administratively under § 7.22.220, which also preserves normal arrest authority for any related criminal offense arising from the same conduct. Section 7.22.230 limits enforcement to whatever state and federal law leaves open to local regulation. No chapter-specific fine is listed, so a conviction defaults to the misdemeanor scheme in § 1.04.050 and § 1.04.060.

Frequently Asked Questions

Does Santee ban marijuana use in public for everyone?
No local ordinance in the Santee Municipal Code bans adult public marijuana consumption; § 7.22.200 is scoped to minors under 21, so an adult's public cannabis use is governed by state cannabis law rather than city code.
Can a minor smoke marijuana at a private party in Santee if a parent allows it?
No. Section 7.22.200(B) exempts only alcohol consumed under direct parental or guardian supervision at a private location; marijuana and other controlled substances are barred for minors even with parental permission, in any place, public or private.
What law lets Santee regulate minors' marijuana use if cannabis is legal in California?
Section 7.22.200 opens with 'except as permitted by State law' and § 7.22.230 confirms the article yields wherever State or Federal law preempts it, so the city rule operates only within the room state law leaves for local minor-protection rules.

Sources & Official References

Other rules in Santee

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