Food and Entertaining Is it illegal to own a Sharpie? Is it illegal to own a Sharpie? 4. Watch out where you take that Sharpie! Possessing a permanent marker in public is completely illegal according to anti-graffiti laws in all sorts of state laws, including Florida, New York and California.May 6, 2014 Related Posts:What is the most common type of graffiti?Is permanent marker water proof?How to remove Sharpie from clothes is the easiest way to do it.Does Sharpie stay permanent on clothes?