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Warrick County, IN Public Conduct: Public Marijuana Use (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Warrick County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
No. Section 39.03 only bans it in and within 30 feet of county-owned or occupied facilities and the walkways leading to them; it does not create a general ban on public marijuana use elsewhere in unincorporated Warrick County.
Why does a county smoking ordinance mention marijuana at all?
The ordinance's SMOKING definition in Section 39.03(A) was written broadly to include any lighted or heated tobacco or plant product intended for inhalation, and it names marijuana explicitly alongside hookah, so the facility-area ban applies to it the same as cigarettes.
What is the penalty for smoking marijuana within 30 feet of a county building?
It is a Class B infraction on a first offense under Section 39.99, rising to a Class A infraction with a fine of up to $500 after three prior unrelated infractions under the same section.

Sources & Official References

Other rules in Warrick County

All Warrick County rules

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