Santee, CA Public Conduct: Public Marijuana Use (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?
Can a minor smoke marijuana at a private party in Santee if a parent allows it?
What law lets Santee regulate minors' marijuana use if cannabis is legal in California?
Sources & Official References
Other rules in Santee
California rules heatmap·Compare Santee 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.