Many of our new shoppers 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 in most place where tobacco smoking is allowed.
There are exceptions though.
Smoking Weed in Public in NYC
Where You CAN Legally Smoke
- Your private home
- Public sidewalks
- Designated smoking area where tobacco is permitted.
Where You CAN’T Legally Smoke
- Motor vehicles (including for passengers and when parked)
- Schools and school grounds are smoke-free zones
- 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.
- Restaurants, bars, hookah/cigar bars, and their outdoor patios
- Federal buildings, courthouses, or public housing developments like NYCHA
- Workplaces
- Pedestrian plazas like Times Square, sports stadiums, and event venues
- Apartments can include smoking bans in lease agreements that cover cannabis.
NYC Smoking Laws
| Situation | Possible penalty |
|---|---|
| Smoking cannabis in a NY location where cannabis use is not permitted | Up to $25 or 20 hours community service |
| Smoking in a prohibited NYC Smoke-Free Air Act location | $100 civil penalty |
| Smoking in an NYC park or pedestrian plaza | $50 civil penalty |
In most cases, smoking weed in the wrong public place in NYC is treated more like a smoking violation than a serious cannabis charge.
You’re usually looking at a civil fine, not jail time.
Under New York State law, adults 21 and older can smoke or vape cannabis in many places where tobacco smoking is allowed.
The penalty for smoking weed where it’s not allowed can be up to $25 or 20 hours of community service.
That includes:
- parks
- beaches
- boardwalks
- pedestrian plazas
- restaurants
- bars
- outdoor dining areas
- workplaces
- event spaces
- most private businesses
- cannabis dispensaries
- cars, even if the car is parked
- schools and school buses
- federal property, including public housing
The exact fine can depend on where you are.
NYC’s smoke-free laws protect some indoor or outdoor spaces from secondhand smoke and vapor under the Smoke-Free Air Act.
These are spaces shared by workers, customers, pedestrians, children, patients, or the general public.
Smoking in these areas may lead to a $100 civil penalty.
Smoking in an NYC park or pedestrian plaza can carry a $50 fine.
Frequently Asked Questions About Smoking in Public
Are There Public Cannabis Consumption Spaces in NYC?
Not yet.
New York legalized adult-use cannabis through the 2021 Marijuana Regulation and Taxation Act (MRTA).
The law includes a future license type for on-site consumption spaces.
But as of now, NYC doesn’t have state-approved cannabis consumption lounges where adults can legally buy cannabis and use it on-site.
Can you smoke weed outside or on the street in New York?
Yes, you can smoke cannabis on public sidewalks in New York where tobacco smoking is allowed.
Can you smoke weed in public parks like Madison Square Park or Central Park?
No. Smoking and vaping are prohibited in NYC parks, including Madison Square Park and Central Park.
Can you consume cannabis in NYC as a tourist?
The same smoking laws apply for residents and tourists.
Out-of-state shoppers that meet the legal requirements can buy and consume cannabis in permitted areas.
Can you carry cannabis at NY sporting events?
Sporting venues can have their own entry rules.
Most stadiums and arenas restrict cannabis, smoking, vaping, and certain cannabis products inside the venue.
Can you smoke weed on your own property if you live next to a school?
New York has a rule against smoking or vaping within 100 feet of the entrances, exits, or outdoor areas of public or private elementary or secondary schools.
But the law includes an exception for smoking or vaping in a residence, or within the real property boundary lines of residential property.
So if you are on your own residential property, the school-distance rule may not apply the same way it would on the sidewalk or other public space.
Is it illegal to smoke weed outside your apartment?
If you’re on a public sidewalk where tobacco smoking is allowed, cannabis smoking is generally allowed.
If you’re in an indoor common area, lobby, hallway, stairwell, shared courtyard, roof deck, or another area where your building bans smoking, then it may not be allowed.
What is the law about smoking weed in public places?
In New York, adults 21 and older can smoke or vape cannabis in most places where tobacco smoking is allowed.
But smoking and vaping cannabis aren’t allowed in many public places, including parks, beaches, pedestrian plazas, restaurants, bars, outdoor dining areas, workplaces, public buildings, schools, cars, cannabis dispensaries, and federal property.