Yavapai County, AZ Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing ordinance
- Yavapai County Ordinance No. 2020-3
- Prohibited locations
- Public property, public place, open space
- Penalty
- Class 1 misdemeanor, A.R.S. § 11-251.05
- Separate offense
- Each day violation continues
- Adopted
- 2020, following Proposition 207
- Open space includes
- Parks, sidewalks, walkways, thoroughfares
Summary
Ordinance No. 2020-3 makes it unlawful to smoke or consume marijuana or marijuana products on public property, in a public place, or in open space anywhere in unincorporated Yavapai County. The ban covers county-owned property, sidewalks, parks and pedestrian thoroughfares. Violating it is enforced as a criminal misdemeanor under the county's own marijuana ordinance.
"Public Property" means property that is occupied, owned, controlled, or operated by the County. "Public Place" has the same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01. "Open Space" means a public park, public sidewalk, public walkway, or public pedestrian thoroughfare. C. Marijuana Prohibited on Public Property. 1. The use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products is prohibited on public property. 2. It is unlawful for an individual to smoke or consume marijuana or marijuana products on public property, in a public place, or open space in the unincorporated areas of the County.
Full Breakdown
Yavapai County adopted Ordinance No. 2020-3 to regulate marijuana in the unincorporated county after Arizona voters approved Proposition 207 in November 2020. Section I(C), 'Marijuana Prohibited on Public Property,' bars two things outright: first, the use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products on public property; second, smoking or consuming marijuana or marijuana products on public property, in a public place, or in open space anywhere in the unincorporated areas of the county. 01, and 'Open Space' as a public park, public sidewalk, public walkway, or public pedestrian thoroughfare.
Because those definitions sweep in parks, sidewalks and walkways alongside county buildings and offices, the practical effect is that there is nowhere in public in the unincorporated county where smoking or consuming marijuana is lawful, regardless of medical marijuana card status. The same ordinance separately prohibits marijuana establishments (retail sale, cultivation, extraction) countywide except for a narrow dual-licensee carve-out tied to an existing nonprofit medical marijuana dispensary, but that establishment-siting rule is a distinct provision from the public-consumption ban in Section I(C). 05, are Class 1 misdemeanors, and each day the prohibited conduct continues counts as a separate offense.
Violations & Fines
Smoking or consuming marijuana on public property, in a public place, or in open space is a Class 1 misdemeanor under Section I(K), citing A.R.S. § 11-251.05. Each day the violation continues is charged as a separate offense, and county enforcement runs alongside, not instead of, any other applicable county, state or federal marijuana law.
Frequently Asked Questions
Can I smoke marijuana in a park in unincorporated Yavapai County?
Is public marijuana consumption a civil fine or a criminal charge here?
Does this ordinance apply inside Prescott or Prescott Valley?
Does the ordinance also ban marijuana businesses in public spaces?
Sources & Official References
Other rules in Yavapai County
Compare Yavapai County to another location·View the Arizona public conduct overview
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