Surprise, AZ Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- City Code § 34-303
- Adopted
- Ord. No. 2020-37, Nov. 17, 2020
- Covers
- City property, open space, public places
- Open space definition
- Parks, sidewalks, trails, rights-of-way
- Default penalty
- Class 1 misdemeanor (§ 1-7(d))
Summary
Surprise bans smoking or consuming marijuana anywhere on city-owned or city-operated property, in any 'open space' such as a public park, sidewalk, trail or right-of-way, and smoking marijuana in any 'public place' as defined by Arizona's Smoke-Free Arizona Act. City Code Section 34-303 applies even though Arizona voters legalized recreational marijuana, because state law lets cities regulate where it is consumed.
(a)To the fullest extent allowable by law, it is unlawful to:(1)Smoke, consume, sell or distribute, store, cultivate, manufacture, or produce marijuana or marijuana products on or in property that is occupied, owned, controlled, or operated by the city.(2)Smoke marijuana or consume marijuana products in an open space in the city.(3)Smoke marijuana in a public place in the city.(b)Reserved.
Full Breakdown
Section 34-303, 'Marijuana prohibited on public property,' declares that, to the fullest extent allowable by law, it is unlawful to smoke, consume, sell, distribute, store, cultivate, manufacture, or produce marijuana or marijuana products on or in property occupied, owned, controlled, or operated by the city; to smoke marijuana or consume marijuana products in an 'open space' in the city; or to smoke marijuana in a 'public place' in the city. 01. The ordinance was adopted by Ordinance No. 2020-37 in November 2020, shortly after Arizona voters approved recreational marijuana under Proposition 207, and amended by Ordinance No.
2022-01 in January 2022, showing the city moved quickly to keep consumption off streets, parks and municipal buildings even as home use became legal statewide. A companion section, 34-304, separately bars marijuana retail establishments from operating within city limits, reflecting Surprise's broader restriction on the commercial side of the industry alongside the public-consumption ban.
Violations & Fines
Chapter 34 does not list a specific fine for Section 34-303 itself, so the citywide default penalty in Section 1-7(d) applies: a violation is a class 1 misdemeanor punishable under state law's class 1 misdemeanor scale, and each day a violation continues counts as a separate offense. Surprise police can issue a citation on the spot for smoking or consuming marijuana in a park, sidewalk, or other open space.
Frequently Asked Questions
Can I smoke marijuana in a Surprise city park even though it's legal in Arizona?
What counts as a 'public place' under this ban?
Can I grow marijuana plants on city property?
Sources & Official References
Other rules in Surprise
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Public Marijuana Use in Nearby Cities
How other cities in Maricopa County handle public marijuana use.