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Westminster, CO Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Prohibited act
Open, public display, consumption or use of marijuana
Amount covered
Up to one ounce
Fine
Fixed at $100.00
Additional penalty
Up to 15 days imprisonment
Narrow exception
Transporting plants under Colo. Const. Art. XVIII § 16
On city property
Charged as a criminal offense instead (§6-12-4)

Summary

Openly and publicly displaying, consuming or using up to one ounce of marijuana anywhere in Westminster is a violation of Section 6-12-3, carrying a fine fixed at $100.00 and up to 15 days of imprisonment. The only carve-out in the section itself is for transporting marijuana plants for personal use, as allowed under Article XVIII, Section 16 of the Colorado Constitution.

Any person who openly and publicly displays, consumes, or uses not more than one ounce of marijuana commits a violation of this Code and, upon conviction thereof, shall be punished, at a minimum, by a fine of not less than $100.00 or, at a maximum, by a fine of not more than $100.00 and by imprisonment for 15 days; except that transportation of marijuana plants for personal use shall be permitted as set forth in Article XVIII, Section 16, of the Colorado Constitution.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 12).

Full Breakdown

Section 6-12-3, within Chapter 12 of the Municipal Code, targets open and public consumption rather than private use. 00 plus imprisonment for 15 days, meaning the fine itself is fixed while a court retains discretion to add jail time. The section carves out only one exception: transportation of marijuana plants for personal use, which remains permitted as set out in Article XVIII, Section 16 of the Colorado Constitution, the state's marijuana legalization amendment. The City's Clean Indoor Air chapter, adopted after that amendment, records the Council's related finding that following legalization of recreational marijuana there is a need to regulate open and public consumption, tying Section 6-12-3 to the broader Chapter 13 restrictions on smoking marijuana in the same indoor and outdoor areas where tobacco smoking is limited. 00 violation, so public consumption in a City park or building can be charged more severely than the base public-use violation.

Violations & Fines

A Section 6-12-3 violation carries a fine fixed at $100.00, with the court able to add up to 15 days of imprisonment at its discretion. Public marijuana use or display on property owned, leased or controlled by the City is instead prosecuted as a criminal offense under Section 6-12-4, subject to the general penalty in Section 1-8-1.

Frequently Asked Questions

Can I smoke marijuana on a Westminster sidewalk?
No. Section 6-12-3 makes it a violation to openly and publicly display, consume or use marijuana anywhere in the City, fined at a fixed $100.00 with up to 15 days of imprisonment possible.
What's the penalty for public marijuana use?
Section 6-12-3 fixes the fine at $100.00, both minimum and maximum, and lets a court additionally impose up to 15 days of imprisonment for the same violation.
Is there any exception to the public use ban?
Only one: Section 6-12-3 exempts transporting marijuana plants for personal use, as permitted under Article XVIII, Section 16 of the Colorado Constitution; open display or consumption itself is not exempted.

Sources & Official References

Other rules in Westminster

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