Upland, CA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing law
- Municipal Code §§ 9.48.020, 9.48.040 (Ord. 1910, 2016)
- Scope
- Applies indoors and outdoors, public and private property
- Medical exemption
- Indoor personal cultivation/possession/use only
- Enforcement limit
- Constrained by Kirby v. County of Fresno (2015)
- Remedy
- Civil/administrative nuisance abatement, not automatic charge
Summary
Upland Municipal Code Chapter 9.48 prohibits marijuana use and activity everywhere in the city, indoors and outdoors, on public and private property alike, to the extent not preempted by state law. The ban reaches parks, sidewalks, and other public spaces as well as private yards and patios.
B. All the provisions of this chapter shall apply to all property, public, and private, within the city. C. All the provisions of this chapter shall apply indoors and outdoors. D. Nothing in this chapter shall authorize criminal prosecution or abatement for violations of this chapter or any other provision of the Upland Municipal Code inconsistent with the holding of Kirby v. County of Fresno 242 Cal.App.4th 940 (2015). ... § 9.48.040. To the extent not preempted by state law, all marijuana related use and activity is prohibited in the city of Upland.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4480959; v4 updated 2025-09-22).
Full Breakdown
040's prohibition on all marijuana related use and activity "in the city of Upland," this means smoking, vaping, or otherwise consuming marijuana in a city park, on a sidewalk, in a parking lot, or on a private patio is prohibited unless a state-law exemption applies. 775. inconsistent with the holding of Kirby v. 60 smoking ban does not name marijuana specifically.
Violations & Fines
Marijuana use in violation of Chapter 9.48 is declared a public nuisance, abatable by the city through civil or administrative proceedings, including a restraining order or injunction (§ 9.48.050). The remedies are cumulative with any other zoning or code enforcement action (§ 9.48.060). Absent a chapter-specific criminal penalty, a violation defaults to the citywide misdemeanor penalty of up to $1,000 and six months in jail under § 1.16.010, subject to the Kirby v. County of Fresno limits in § 9.48.020(D).
Frequently Asked Questions
Can I smoke marijuana in an Upland park?
Can I use marijuana on my own patio at home?
Can Upland police prosecute me criminally for personal marijuana possession under this chapter?
Sources & Official References
Other rules in Upland
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Public Marijuana Use in Nearby Cities
How other cities in San Bernardino County handle public marijuana use.