Skip to main content
CityRuleLookup

York County, VA Public Conduct: Public Marijuana Use (2026)

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

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

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?
No. Sec. 17-51(a) of the York County, Virginia code bans consuming any controlled substance defined under the Code of Virginia, which includes marijuana, while in a public area, unless the consumption is expressly authorized by law.
Is simply carrying marijuana in a York County public area illegal under this rule?
Yes. Sec. 17-51(b) separately bans possessing any controlled substance in a public area unless possession is expressly authorized by law, on top of the consumption ban in subsection (a).
What's the penalty for violating York County's public drug-use rule?
It's a Class 4 misdemeanor under Sec. 17-4(a) of the York County, Virginia code, the standard Chapter 17 penalty, and the appropriate governing official may also eject you from the public area under Sec. 17-3(a).

Sources & Official References

Other rules in York County

All York County rules

Compare York County to another location·View the Virginia public conduct overview

Get notified when Public Marijuana Use in York County, VA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.