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Waynesville, MO Public Conduct: Public Marijuana Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 210.310
School buffer
1,000 feet for display or distribution
Medical exception
Private residential property with proof of license
Enforcing agency
Waynesville Police Department
Penalty basis
Uniform Fine Schedule under § 100.020
Adopted
Ord. No. 661, amended Ord. No. 2368 (2019)

Summary

In the City of Waynesville, Missouri, § 210.310 makes it unlawful to openly and publicly consume marijuana or marijuana-infused products anywhere the public can see, including streets, parks, playgrounds and school grounds. The ban does not reach private consumption. A licensed medical marijuana patient may still consume on private residential property with proof of state licensure in hand. Police officers decide when conduct crosses from private to public.

It shall be unlawful for any person to openly and publicly consume marijuana or any marijuana-infused product. The term "openly" means occurring or existing in a manner that is unconcealed, undisguised or obvious. The term "publicly" means: Occurring or existing in a public place; or Occurring or existing in any outdoor location where the consumption of marijuana is clearly visible and observable from a public place. The term "public place" means a place to which the public or a substantial number of the public have access and includes, but is not limited to, streets and highways, schools, places parks, playgrounds and the common areas of public and private buildings and facilities. ... It shall not be an offense under Subsection (B) of this Section if the consumption of marijuana is occurring on private residential property and the person consuming the marijuana is licensed through the State of Missouri to consume medical marijuana and has in his/her possession documented proof of such licensure.

Full Breakdown

Section 210.310 of the Waynesville Municipal Code defines "openly" as occurring in a manner that is unconcealed, undisguised or obvious, and "publicly" as occurring in a public place or in any outdoor location where the consumption is clearly visible and observable from a public place. "Public place" is defined broadly to include streets and highways, schools, parks, playgrounds and the common areas of public and private buildings and facilities, so a visible balcony, porch or parking lot can qualify if it fronts one of those areas.

The ordinance also reaches distribution: except for duly licensed medical marijuana facilities, no one may display, transfer or distribute marijuana within one thousand (1,000) feet of the perimeter of any public or private school, or on any City-owned street, sidewalk or other City property. The Waynesville Police Department enforces the section on patrol and at the city's own parks and playgrounds, including Waynesville Roubidoux Park. Section 210.310 carries no fine of its own; a conviction is punished under the city's general penalty, § 100.020, which applies the Uniform Fine Schedule for Municipal Offenses plus court costs through the Municipal Court under Chapter 125.

The ordinance was adopted by Ord. No. 661 and amended by Ord. No. 2368 on June 20, 2019, and it exists alongside the separate ban on possessing drug paraphernalia in § 210.330 and the synthetic-marijuana ban in § 210.315.

Violations & Fines

A conviction for open or public marijuana consumption, or for displaying, transferring or distributing marijuana near a school or on City property, is punished under the city's general penalty, § 100.020: a fine set by the current Uniform Fine Schedule for Municipal Offenses plus court costs, imposed by the Municipal Court under Chapter 125. The Waynesville Police Department issues the citation; there is no separate confinement term written into § 210.310 itself, unlike the paraphernalia and synthetic-marijuana sections nearby.

Frequently Asked Questions

Can I smoke marijuana on my own porch in Waynesville?
Only if the consumption is not visible or observable from a public place. Section 210.310 defines "publicly" to include any outdoor location where consumption is clearly visible from a public place, so a porch facing a street or sidewalk can still count as public consumption under the ordinance.
Does Waynesville's medical marijuana card change anything?
Yes, but narrowly. Section 210.310 excuses consumption from the open-and-public ban only when it occurs on private residential property and the person holds a Missouri medical marijuana license with documented proof in hand; it does not excuse public consumption anywhere else in the city.
What happens if I'm caught selling near Waynesville schools?
Section 210.310 makes it unlawful for anyone other than a licensed medical marijuana facility to display, transfer or distribute marijuana within 1,000 feet of any public or private school's perimeter, or anywhere on City-owned streets, sidewalks or property, regardless of the general public-consumption rule.
Who enforces the public marijuana ban in Waynesville?
The Waynesville Police Department cites violations, and the case is heard in Waynesville Municipal Court under Chapter 125. Because § 210.310 sets no specific fine, penalties follow the city's general penalty in § 100.020, based on the current Uniform Fine Schedule for Municipal Offenses plus court costs.

Sources & Official References

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