Many of our customers at Stoops are surprised to learn that you can smoke cannabis in public in NYC. But it’s not a “smoke anywhere” situation.
You can consume cannabis wherever tobacco smoking is allowed. There are exceptions though.
Places You CAN Legally Consume Cannabis
Your private home is always your safest bet. You can enjoy cannabis without worrying about bothering anyone or breaking a rule.
Public sidewalks are generally fair game. Since tobacco smoking is typically allowed on sidewalks, cannabis follows the same rule. Just use common sense and avoid lighting up near a playground or hospital.
If you spot a designated smoking area where tobacco is permitted, cannabis is usually welcome there as well.
The general rule is: where tobacco smoking is allowed, cannabis consumption usually follows. It’s a reliable guideline for most daily situations.
Places You CANNOT Legally Consume Cannabis
There are many places where you can’t smoke marijuana. Breaking these rules can result in fines or community service.
Motor vehicles are off-limits, including for passengers. Even if parked, it’s illegal to consume cannabis in a vehicle. This rule is strictly enforced.
Schools and school grounds are smoke-free zones, extending to anywhere within 100 feet of a school entrance. The city takes this seriously, especially during school hours.
Most parks, beaches, and boardwalks in NYC have banned smoking. New York State has prohibited weed smoking in state parks and many public outdoor spaces.
When in doubt, don’t risk it, as each park may have its own rules.
Restaurants, bars, and their outdoor patios are smoke-free zones. This may surprise some, but outdoor dining areas are covered under indoor smoking bans and public health laws.
Since cannabis is federally illegal, federal buildings, courthouses, or public housing developments like NYCHA prohibit cannabis possession and use. If you live in federally subsidized housing, this could affect your housing status.
Workplaces can set their own rules, and most prohibit on-site cannabis consumption.
Pedestrian plazas like Times Square, sports stadiums, and event venues typically have no-smoking policies that include cannabis.
Your landlord has rights here too. They can include smoking bans in lease agreements that cover cannabis.
If you rent, check your lease carefully—you might be allowed edibles but not to smoke flower.
Understanding these restrictions is about being a good neighbor. For more details on public health regulations, check the Smoke Free Air Act.
Cannabis Consumption Laws in NYC
New York State legalized adult-use cannabis for adults 21 and older with the Marijuana Regulation & Taxation Act (MRTA) on March 31, 2021.
This act changed a lot, but it didn’t create a “free-for-all” when it comes to consumption.
You can enjoy cannabis legally and responsibly in the city as long as you understand the rules.
For a quick overview of the rules:
Who can legally consume cannabis?
Adults aged 21 or older.
How much can you legally possess?
- Up to 3 ounces of cannabis flower in public.
- Up to 24 grams of concentrated cannabis in public.
- Up to 5 pounds of cannabis flower in your private residence.
Cannabis Flower
You can legally carry up to 3 ounces of cannabis flower, including whole buds and pre-rolls.
Concentrated Cannabis
For products like oils, vapes, and edibles, the limit is 24 grams.
This hefty limit means you could carry 24 one-gram vape cartridges or up to 10 packs of 100 mg edibles.
Where is it legal to enjoy?
In most places where you can smoke tobacco, such as private homes, backyards, and public sidewalks (with some specific exceptions).
Transportation and Travel
Driving while ability impaired (DWAI) by cannabis has the same heavy consequences as drunk driving. Law enforcement is trained to spot impairment, and New York is developing better detection methods.
The law states that the smell of cannabis alone is not enough reason for police to search you or your vehicle. They need other reasonable suspicion, like signs of impaired driving.
For more details on staying safe on the road, check out this additional information.
When transporting cannabis in a vehicle, it needs to be in a closed container and stored securely.
Similar to open container laws for alcohol, you can’t have an open package of cannabis while driving or as a passenger, even if the car is parked.
Storing Cannabis at Home
The rules for storing cannabis in your private residence are much more relaxed. Adults 21 or older can keep a significantly larger amount at home.
You’re allowed to store up to 5 pounds of cannabis flower in your private residence.
All cannabis products, including edibles, must be kept out of sight and reach of children and youth.
Considering using a locked cabinet or secure container to prevent accidental ingestion, especially with children or pets in the house.
For official, up-to-the-minute information, the New York State Office of Cannabis Management is an excellent resource.
Gifting, Selling, and Growing
Sharing cannabis without compensation is legal.
As long as both parties are 21 or older, you can gift up to 3 ounces of flower or 24 grams of concentrate. It’s like sharing a bottle of wine with a friend—perfectly legal when no money changes hands.
Illegal “gifting” schemes are a different story. These operations, where you buy an item and receive a cannabis “gift,” are illegal and face state crackdowns.
The only legal way to purchase cannabis is through licensed dispensaries.
Home cultivation will eventually be allowed.
Once regulations are final, adults can cultivate 3 mature and 3 immature plants per person (up to 6 mature and 6 immature per household).
Plants must be kept secure and away from anyone under 21. We’re still awaiting the final regulations.
Frequently Asked Questions about Public Cannabis Consumption in NYC
Can I smoke weed on the sidewalk in NYC?
Yes, you can smoke cannabis on public sidewalks in NYC. But here are the exceptions:
You can’t smoke within 100 feet of a school entrance, or in other designated smoke-free zones. This includes places like most city parks, pedestrian plazas (think Times Square), and beaches.
Always be mindful of your surroundings and consider those around you, especially children.
Is it legal to get a ‘free gift’ of cannabis with a purchase in NYC?
No, this is illegal.
It’s fine for you to truly gift cannabis to another adult (21+) without any compensation changing hands. But it’s a different story if a business tries to offer cannabis as a “gift” in exchange for buying something else, like a t-shirt, sticker, or piece of art.
This practice is considered an unlicensed sale, and New York State is actively cracking down on these schemes. For your safety, always buy from a licensed dispensary.
What happens if you get caught smoking weed in New York?
If you get caught smoking in New York where it’s illegal to use cannabis—such as in cars, workplaces, restaurants, bars, schools, or on federal property—you can face civil fines or tickets under state or local laws.
The penalty is a civil fine not exceeding $25 or up to 20 hours of community service.
If you’re caught possessing more than the legal public limit (which is 3 ounces of cannabis flower or 24 grams of concentrate), that’s also considered a violation, punishable by a fine of not more than $125.
These are not criminal charges for adults 21 and over, but repeat offenses or smoking on federal property can lead to heavier penalties since cannabis remains illegal at the federal level.
Can I consume cannabis on federal property in NYC?
No. While New York State has legalized cannabis, it remains illegal under federal law. It’s against the law to possess or consume cannabis on any federal property within NYC.
This includes places like federal buildings, courthouses, national parks, and federally funded public housing developments.
Is it legal to purchase cannabis online in NYC?
It’s legal to purchase cannabis online in NYC only if it’s from a licensed dispensary that offers legal delivery services. Many unlicensed sellers operate online, promising quick delivery, but purchasing from them carries risks. Their products are often untested, unregulated, and could contain harmful contaminants, pesticides, or inaccurate potency levels.
To be safe and sure, always verify that the dispensary you’re buying from is licensed by the New York State Office of Cannabis Management (OCM). Look for their official license information, and if in doubt, check the OCM’s website for a list of approved dispensaries.
Learn More
Stoops NYC, located in Manhattan near Flatiron, Union Square, and NoMad, is a trusted resource for information on responsible cannabis shopping and consumption.
We’re committed to offering you the safest legal products and giving you the knowledge you need to enjoy them responsibly.
Laws and regulations can change, so it’s always a good idea to stay informed. Follow our NYC cannabis blog to stay up to date on the latest cannabis laws, safe consumption tips, and local events happening around the city.