Warrick County, IN Public Conduct: Public Marijuana Use (2026)
Key Facts
- Definition
- SMOKING includes marijuana per § 39.03(A)
- Restricted zone
- county facilities + 30-ft buffer only
- First offense
- Class B infraction
- Repeat offense
- Class A infraction, up to $500
- Enforcement
- Sheriff's deputies, county officials
Summary
Warrick County's smoking ordinance defines SMOKING to expressly include marijuana alongside tobacco and vapor products, then bans that smoking in and within 30 feet of any Board of Commissioners or county department facility. The rule does not reach parks, streets or other general public places outside that 30-foot buffer.
SMOKING. The inhaling, exhaling, burning, or carrying of any lighted or heated cigarette, cigar, pipe, electronic smoking device, or any other lighted or heated tobacco product or plant product intended for inhalation, including hookah and marijuana, in any manner or in any form. ... (E) Pursuant to I.C. 7.1-5-12-8, a person who smokes in an area where smoking is prohibited by this § 39.02 commits prohibited smoking, a Class B infraction. Notwithstanding the foregoing, a person who smokes in an area where smoking is prohibited by this § 39.02 commits prohibited smoking, a Class A infraction if the person has been adjudged to have committed at least three prior unrelated infractions under this section or I.C. 16-41-37-4 (before its repeal).
Full Breakdown
Section 39.03(A) of the Warrick County Code defines SMOKING as "the inhaling, exhaling, burning, or carrying of any lighted or heated cigarette, cigar, pipe, electronic smoking device, or any other lighted or heated tobacco product or plant product intended for inhalation, including hookah and marijuana, in any manner or in any form." Because marijuana is folded directly into that definition, a person smoking marijuana in or within 30 feet of a county-owned or occupied facility, or on the stairways, ramps or sidewalks leading to one, is treated the same as a tobacco smoker under Section 39.03(B).
The ordinance's scope is narrow: it reaches county government buildings, the Judicial Center, the Board of Commissioners' offices and similar county-operated sites, not sidewalks, parks or business districts generally, so it functions as a facilities-access rule rather than a general public-marijuana ban. Enforcement runs through Warrick County elected officials, department heads, the Board of Commissioners, the County Administrator and the Warrick County Sheriff's deputies. The ordinance traces to a 1987 county resolution and has been amended by the Board of Commissioners five times, most recently in 2020, without narrowing the marijuana reference in the smoking definition.
Violations & Fines
Under Section 39.99, smoking marijuana where Section 39.03 prohibits it is a Class B infraction, escalating to a Class A infraction, with a fine up to $500, once the person has at least three prior unrelated infractions under this section or under the now-repealed I.C. 16-41-37-4.
Frequently Asked Questions
Is smoking marijuana in public banned countywide in Warrick County?
Why does a county smoking ordinance mention marijuana at all?
What is the penalty for smoking marijuana within 30 feet of a county building?
Sources & Official References
Other rules in Warrick County
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