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Where you can, and cannot, smoke cannabis in New York

Updated June 2026

New York is more permissive than most legal states about where you can use cannabis, which is exactly why people get it wrong. The short version: adults 21 and older may smoke or vape cannabis in the places where smoking tobacco is still allowed, and the law then carves out a long list of exceptions. Below is what the statutes actually say, with links to each one. This is general information, not legal advice.

The general rule: cannabis follows the tobacco rules

Penal Law section 222.05 makes it lawful for adults 21 and older to use, smoke, ingest, or consume cannabis, except where state law says otherwise. Penal Law section 222.10 is where it says otherwise. It prohibits smoking or vaping cannabis in any location where smoking is prohibited under Article 13-E of the Public Health Law, New York's Clean Indoor Air Act. So the practical test is simple: if you could not light a cigarette there, you cannot light a joint there either.

Where state law says no

Article 13-E covers a lot of ground. Smoking is prohibited in places of employment, bars, food service establishments, indoor arenas, zoos, and commercial establishments generally. It covers public transportation: subways and underground subway stations, and buses, vans, taxis, and limousines when passengers are aboard, along with ticketing, boarding, and waiting areas in transit terminals. It covers hospitals and residential health care facilities, including within fifteen feet of their entrances and exits, all colleges and universities, child day care centers, and youth facilities. It also reaches outdoors in specific spots: within one hundred feet of the entrances, exits, or outdoor areas of a public or private elementary or secondary school, an after-school program, or a public or association library. Separately, Penal Law 222.10 bans smoking, vaping, or even ingesting cannabis on school grounds or on a school bus.

Never in a car, moving or parked

Vehicle and Traffic Law section 1227 prohibits the consumption of cannabis in a motor vehicle located on a public highway or its right of way. That applies to passengers, not only the driver, and it is not limited to smoking. Driving while impaired by cannabis is a separate and far more serious offense. Treat the car as off limits entirely.

New York City parks, beaches, and plazas

New York City layers its own rules on top of the state's. City parks and public beaches are smoke-free under the Parks Department's rules, and in 2022 the city's health department amended the Smoke-Free Air Act specifically to prohibit smoking and vaping cannabis wherever state law prohibits it. Treat parks, beaches, boardwalks, and pedestrian plazas as off limits.

Where you live, and where you are staying

Legal does not mean permitted everywhere private. Landlords, co-op and condo boards, and building policies can prohibit smoking indoors, and many do. Public housing operated by NYCHA is smoke-free, covering cannabis as well as tobacco. Hotels set their own policies and most prohibit smoking in rooms, so a visitor with nowhere private to go often has no lawful indoor option at all. A private residence where the owner allows it remains the safest place to use cannabis in New York.

What it costs if you get it wrong

A violation of the cannabis use restrictions in Penal Law 222.10 carries a civil penalty of up to twenty-five dollars, or up to twenty hours of community service. That is deliberately small, and it is the state penalty only. City rules carry their own fines, a vehicle stop can escalate well beyond a ticket, and a smoking violation on federal property is a federal matter. The financial risk is minor; the situational risk is not.

Frequently asked questions

Can you smoke weed on the street in New York?
Generally yes. New York allows adults 21 and older to smoke cannabis in the public places where smoking tobacco is still allowed, which includes most sidewalks and streets. The exceptions are wide, though: not within 100 feet of a school entrance, not in a park or on a beach, not on transit, and not in a car.
Can you smoke cannabis in a New York City park?
No. City parks and public beaches are smoke-free under Parks Department rules, and New York City amended its Smoke-Free Air Act in 2022 to cover cannabis smoking and vaping. That includes boardwalks and pedestrian plazas.
Can I smoke cannabis in a car in New York?
No. Vehicle and Traffic Law 1227 prohibits consuming cannabis in a motor vehicle on a public highway, and it applies to passengers as well as the driver. Driving while impaired by cannabis is a separate, much more serious offense.
What is the fine for smoking cannabis where it is not allowed in New York?
Violating the cannabis use restrictions in Penal Law 222.10 carries a civil penalty of up to $25 or up to 20 hours of community service. Local rules and other statutes can carry their own, larger penalties.
Can I smoke cannabis in my apartment or hotel room in New York?
It depends on the building. Landlords, boards, and building policies may prohibit smoking indoors, NYCHA public housing is smoke-free, and most hotels prohibit smoking in rooms. State law does not override a property owner's own policy.
Where is the safest place to consume cannabis in New York?
A private residence where the owner permits it. Edibles avoid the smoking rules entirely, since Penal Law 222.10 is written around smoking and vaping, though it also bans ingesting cannabis on school grounds, and consuming it in a vehicle is prohibited regardless of the method.

General information only, not legal, medical, or financial advice. Confirm current rules with the official sources linked above. For adults 21+.

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