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Somerville, MA Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Banned locations
Parks, playgrounds, school grounds, pools, rinks
Buffer zone
50 feet from those locations
Housing common areas
Hallways, stairwells, rooftops, sidewalks included
Enforcement
Somerville Police Dept., confiscation on sight
Last amended
Ord. No. 2018-23, effective 12/13/2018

Summary

Somerville bans giving, selling, delivering, or consuming marijuana or THC in parks, playgrounds, school grounds, pools, skating rinks, and public housing common areas, and extends the ban to within 50 feet of those places under Sec. 9-3 of the city code.

No person shall give, sell, deliver or consume marijuana or tetrahydrocannabinol in a public park, playground, rest area, school grounds, recreational area, swimming pool, skating rink, or in the common areas of city housing authority projects, and further, no person shall consume marijuana within 50 feet of the aforementioned public places. ... Any person violating any provision of this section shall have confiscated any marijuana or tetrahydrocannabinol in his or her possession by the police department or other person authorized with police powers by law and be subject to a fine in accordance with section 1-11.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Zoning Ordinances: Revision - CodeBank PDF Post).

Full Breakdown

Sec. 9-3(a) of the Code of Ordinances prohibits giving, selling, delivering, or consuming marijuana or tetrahydrocannabinol in a public park, playground, rest area, school grounds, recreational area, swimming pool, skating rink, or the common areas of city housing authority projects, and it bars consuming marijuana within 50 feet of any of those places. Common areas of housing projects are defined broadly to include hallways, stairwells, front steps, basements, rooftops, sidewalks, parking areas, roadways, and park areas (Sec. 9-3(a)). 16 of the zoning ordinance (Sec. 9-3(b)).

The ordinance traces to Ord. No. 2009-05 and was amended three times, most recently by Ord. No. 2018-23, effective December 13, 2018, tightening it after adult-use recreational marijuana became legal in Massachusetts. Enforcement sits with the Somerville Police Department or any other person granted police powers by law, who may confiscate any marijuana or THC found in a violator's possession at the time of the citation (Sec. 9-3(c)). The prohibition sits within Chapter 9, Article I, alongside the city's open-container alcohol rule (Sec. 9-1), and applies regardless of the person's age or license status.

Violations & Fines

Anyone caught giving, selling, delivering, or consuming marijuana in a banned location has the marijuana or THC confiscated by police and faces a fine under Sec. 1-11 of the Code of Ordinances (Sec. 9-3(c)). Selling or delivering without both a Cannabis Control Commission license and a Somerville Licensing Commission permit is a separate violation of Sec. 9-3(b), independent of the location-based ban.

Frequently Asked Questions

Can I smoke marijuana on a Somerville sidewalk near a park?
No. Sec. 9-3(a) bars consuming marijuana within 50 feet of a public park, playground, school ground, pool, or skating rink, so a sidewalk that close to one of those places is off-limits even though marijuana is legal for adults in Massachusetts.
Does legal recreational marijuana override this ordinance?
No. State legalization did not repeal Somerville's local ban; Sec. 9-3(a), last amended by Ord. No. 2018-23 in December 2018, still prohibits consumption in parks, school grounds, pools, rinks, and housing authority common areas, and police can confiscate marijuana found there.
What happens to marijuana confiscated under this rule?
Sec. 9-3(c) authorizes the police department, or another person with lawful police powers, to confiscate any marijuana or THC in a violator's possession at a banned location, in addition to imposing a fine under Sec. 1-11 of the Code of Ordinances.

Sources & Official References

Other rules in Somerville

All Somerville rules

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