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

Chapter 51 was adopted by Town Meeting on 9-29-2009 (Special Town Meeting, Art. 10) and governs where marijuana and tetrahydrocannabinol can be used. Its general references point readers to Chapter 50 on alcoholic beverages and Chapter 131 on peace and good order.

Section 51-1 lists the covered locations one by one: any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the Town. It also covers any bus or other passenger conveyance operated by a common carrier, and it closes with a catch-all: any place accessible to the public. That closing phrase extends the ban beyond the listed Town locations.

The verbs are broad. No person can smoke, ingest, or otherwise use or consume the substance, so the rule is not limited to smoking. Marijuana and tetrahydrocannabinol take their meaning from MGL c. 94C, § 1, as amended, which ties the local definition to the state controlled-substances statute.

Section 51-2 gives the Town several enforcement routes. The bylaw can be enforced through any lawful means in law or in equity, including enforcement by criminal indictment or complaint pursuant to MGL c. 40, § 21, or by noncriminal disposition pursuant to MGL c. 40, § 21D, by any police officer. The fine for violation is $300 for each offense. Section 51-2 adds that any penalty imposed under the bylaw is in addition to any civil penalty imposed under MGL c. 94C, § 32L, so the local fine does not replace the state penalty.