While people living in 18 states plus the District of Columbia can legally consume cannabis, this doesn’t mean there are no restrictions in place.
Most states that have legalized adult-use cannabis still have laws that prohibit marijuana consumption in certain areas, namely public spaces.
What counts as a ‘public space’? The law generally defines a public space as an area where the public is welcome to enter, such as a restaurant, park, or airport.
In this brief guide, we’ll go over the public cannabis consumption laws in states with legal recreational marijuana, including which states issue licenses for on-site cannabis consumption spaces.
Cannabis Public Consumption Laws Table
The below table provides an overview of marijuana public consumption laws in the US by state.
| State | Law On Public Cannabis Consumption | Penalty (If Any) | Licensed On-Site Cannabis Consumption Spaces |
| Alaska | Civil offense | $100 | Yes |
| Arizona | 1st and 2nd infraction: civil offense
3rd infraction: class 3 misdemeanor |
1st and 2nd infraction: $300
3rd infraction: $500 |
No |
| California | Civil offense | $100 or up to $250 if the infraction occurs in a tobacco-free jurisdiction. | Yes |
| Colorado | Civil offense | $100 and/or 24 hours of community service | Yes |
| Connecticut | Permitted wherever tobacco smoking is permitted. Local ordinances can restrict this but are required to provide at least one public consumption site if the jurisdiction is home to 50,000 people or more. | N/A | No |
| District of Columbia | Misdemeanor | Cite and release (no fine) | No |
| Illinois | Civil offense | Unclear | Yes |
| Maine | Civil offense | $100 | No |
| Massachusetts | Civil offense | $100 | Yes |
| Michigan | Civil offense | Unclear | Yes |
| Montana | Civil offense | $50 | No |
| Nevada | Misdemeanor | $600 | Yes |
| New Jersey | Civil offense | 1st infraction: $250
2nd infraction: $500 3rd infraction: $1,000 |
Yes |
| New Mexico | Civil offense | $100 | Yes |
| New York | Permitted wherever tobacco smoking is permitted | N/A | Yes |
| Oregon | Class B misdemeanor | $1,000 | No |
| Vermont | Civil offense | Unclear | No |
| Virginia | Civil offense | $25 | No |
| Washington | Civil offense | $100 | No |
Cannabis Consumption Laws by State
Alaska
Public marijuana consumption is a petty offense punishable by a maximum fine of $100. Alaska allows businesses to apply for on-site cannabis consumption licenses.
Arizona
Consuming cannabis in public is a petty offense punishable by a maximum fine of $300. A third-time offense may land you with a class 3 misdemeanor charge, which could result in a $500 fine.
California
Public cannabis consumption is a petty offense punishable by a fine of $100. However, in cities where smoking tobacco is prohibited, this increases to $250 and heavier penalties are also in force for using weed within 1,000 feet of a daycare center, school or facility where minors are present.
California allows businesses to apply for on-site cannabis consumption licenses.
Colorado
Consuming marijuana in public is a petty offense punishable by a $100 fine as well as 24 hours of community service.
Colorado allows businesses to apply for on-site cannabis consumption licenses.
Connecticut
Consumption of cannabis is permitted in Connecticut wherever tobacco smoking is legal. Local ordinances can restrict this but are required to provide at least one public consumption site if the jurisdiction is home to 50,000 people or more.
District of Columbia
Public cannabis consumption is a misdemeanor but is generally handled through a cite and release procedure, instead of a fine.
Illinois
While consuming marijuana in public is prohibited, the penalties for such an offense are unclear and the state allows businesses to apply for on-site cannabis consumption licenses.
Maine
Public cannabis consumption is a civil infraction punishable by a $100 fine.
Massachusetts
Marijuana use is prohibited in any public space where smoking tobacco is prohibited. Infractions are considered a civil offense subject to a maximum penalty of $100.
Massachusetts allows businesses to apply for on-site cannabis consumption licenses.
Michigan
Using cannabis in public is a civil offense, although the penalty for doing so is unclear and the state allows businesses to apply for on-site cannabis consumption licenses.
Montana
Consuming cannabis in public is a civil offense punishable by a fine up to $50.
Nevada
Public marijuana consumption is a misdemeanor offense punishable by a maximum fine of $600. The state allows for on-site cannabis consumption licenses.
New Jersey
Cannabis use is prohibited in public anywhere that smoking tobacco is prohibited. A first offense is met with a $250 fine, but this increases to $500 and then $1,000 for the second and third violations.
New Mexico
Consuming cannabis in public is a civil offense punishable by a $50 fine, but the law allows for the licensing of cannabis consumption areas.
New York
New York is the only state to allow the use of cannabis anywhere in public where smoking tobacco is permitted. On top of that, the state allows for adult-use on-site consumption licenses.
Oregon
Consuming cannabis in public is a class B violation punishable by a maximum fine of $1,000.
Vermont
Marijuana use in public, or anywhere tobacco smoking is prohibited, is not allowed but the exact penalties for doing so are unclear.
Virginia
Marijuana use in public is prohibited and subject to a civil penalty of $25 for a first offense.
Washington
Public consumption of cannabis is prohibited and punishable by a civil penalty of up to $100.
