Sunnyvale, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- "Smoke" includes
- Marijuana smoke, per SMC § 9.28.020
- Banned zones
- Public parks, elevators, service areas, public events
- Base penalty
- Infraction under Chapter 1.04
- Repeat violation
- Possible misdemeanor within 12 months
- Civil fine
- $250 to $1,000 per violation
Summary
Sunnyvale's smoking ordinance defines "smoke" to expressly include "marijuana smoke," so the citywide list of no-smoking locations in Municipal Code Section 9.28.030, including public parks, elevators and service areas, bars marijuana smoking in those places just as it bars tobacco. Smoking marijuana anywhere smoking is prohibited is unlawful under Section 9.28.070(a).
"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts... The term "smoke" includes, but is not limited to, tobacco smoke, vapors from an electronic smoking device, and marijuana smoke. ... smoking is prohibited in the following enclosed and unenclosed locations in the city: (1) All areas where smoking is prohibited by state or federal law... (2) Elevators. ... (5) Public parks. (6) In service areas. ... It is unlawful for any person to smoke in a place within the city where smoking is prohibited.
Full Breakdown
030(a) as smoke-free applies equally to marijuana. 5 and tot lots and playgrounds under Health and Safety Code Section 104495, plus locally added zones: elevators, outdoor dining areas, gymnasiums, fieldhouses, stadiums and outdoor theaters, public parks, service areas such as ATM and transit-stop lines, public events like farmers markets and parades, and the pedestrian retail district along South Murphy Avenue. 070(a) makes it "unlawful for any person to smoke in a place within the city where smoking is prohibited," with no carve-out for marijuana. 075 confirms the chapter does not limit or alter any other law restricting marijuana consumption, so state cannabis-consumption restrictions apply on top of these local zones. 04, escalating to a possible misdemeanor for repeat violations within twelve months, or a separate city civil fine of $250 to $1,000 per violation.
Violations & Fines
Smoking marijuana in any Section 9.28.030 no-smoking zone, from a public park to a transit-stop line, is an infraction under Sections 9.28.070(a) and 9.28.090, with fines and possible misdemeanor charges for repeat offenses within twelve months. The chapter also bars disposing of marijuana smoking waste inside a no-smoking zone and prohibits retaliating against anyone who reports a violation.
Frequently Asked Questions
Does Sunnyvale's smoking ban apply to marijuana specifically?
Can I smoke marijuana in a Sunnyvale park?
What happens if I'm caught smoking marijuana in a banned area?
Sources & Official References
Other rules in Sunnyvale
California rules heatmap·Compare Sunnyvale to another location·View the California public conduct overview
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Public Marijuana Use in Nearby Cities
How other cities in Santa Clara County handle public marijuana use.