York County, VA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- York County Code § 17-51
- Banned
- consuming a controlled substance in public
- Also banned
- possessing or being under the influence
- Definition source
- controlled substance per Code of Virginia
- Penalty
- Class 4 misdemeanor (§ 17-4(a))
Summary
In York County, Virginia, Sec. 17-51 bars consuming, possessing, or being under the influence of any controlled substance defined under the Code of Virginia, marijuana included, while in a public area, unless the substance is administered or authorized under applicable law.
Consumption prohibited. No person shall consume any controlled substance, as defined by the Code of Virginia, while in a public area, unless such consumption is expressly authorized by law.(b)Possession prohibited. No person shall possess any controlled substance, as defined by the Code of Virginia, while in a public area, unless such possession is expressly authorized by law.(c)Under the influence of controlled substances. No person shall be under the influence of any controlled substance, as defined by the Code of Virginia, while in a public area, unless such substance is administered pursuant to applicable laws.
Full Breakdown
Sec. 17-51, "Controlled substances," follows the alcohol rule in Sec. 17-50 within Article IV, Division 1 of Chapter 17, the personal-conduct division of York County, Virginia's public-areas code. It has three parallel bans: subsection (a) prohibits consuming any controlled substance, as defined by the Code of Virginia, while in a public area unless the consumption is expressly authorized by law; subsection (b) separately prohibits possessing any controlled substance there under the same authorized-by-law exception; and subsection (c) prohibits being under the influence of any controlled substance while in a public area, unless the substance was administered pursuant to applicable law.
Because marijuana remains a controlled substance under the Code of Virginia's Drug Control Act even though state law allows limited private possession by adults, this local rule reaches marijuana consumption, possession and impairment in county public areas, parks, beaches, the library, the courthouse and school grounds among them, per the Sec. 17-2 definition. "Public area" enforcement follows the same chapter-wide structure as the neighboring alcohol and fireworks rules: Sec. 17-4 supplies the default penalty since Sec. 17-51 sets none of its own, and Sec. 17-3(a) lets the appropriate governing official eject a violator from the area regardless of any separate criminal charge under state drug law.
Violations & Fines
Using, possessing or being visibly under the influence of any controlled substance, marijuana included, while in a York County, Virginia public area breaches Sec. 17-51(a), (b) or (c). The Chapter 17 default penalty applies: a Class 4 misdemeanor under Sec. 17-4(a), with each day or separate act punished as its own offense under Sec. 17-4(b), and the appropriate governing official may eject the violator under Sec. 17-3(a).
Frequently Asked Questions
Can I smoke marijuana in a York County park?
Is simply carrying marijuana in a York County public area illegal under this rule?
What's the penalty for violating York County's public drug-use rule?
Sources & Official References
Other rules in York County
Compare York County to another location·View the Virginia public conduct overview
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