The star pass rusher can return for the 49ers' game on the road against the New York Giants on Nov. 16 but won't play Sunday at New Orleans.
The league has been reviewing his case for two weeks to determine whether he was compliant with all aspects of court- and league-mandated requirements.
Smith was suspended before the season by the NFL under terms of the league's personal conduct and substance abuse policies.
Under terms of his suspension, the league has allowed Smith to be in the team's facility for meetings and conditioning, although he has not been allowed to practice with the team.
Information from ESPN senior NFL analyst Chris Mortensen was used in this report.