NEW YORK (PIX11) — After marijuana was made legal for recreational use in March 2021, New Yorkers and tourists should be able to smoke wherever and whenever right?
Wrong; adults 21 and older have the freedom to smoke pot, enjoy an edible, or partake in smoking weed cartridges, but there are locations within New York where it is still illegal to use THC products.
Cannabis use is allowed in most places tobacco products can be used. The exceptions include vehicles, private businesses like restaurant patios, public parks, hookah or cigar bars, federal property, and certain residential settings such as NYCHA properties.
There are over 30 locations in New York State that are federal land, according to the National Parks Service:
- African Burial Ground National Monument in Manhattan
- Appalachian National Scenic Trail
- The Captain John Smith Chesapeake National Historic Trail
- Castle Clinton National Monument in Battery Park
- The Chesapeake Bay watershed
- Eleanor Roosevelt National Historic Site in Hyde Park
- Ellis Island National Museum of Immigration
- Federal Hall National Memorial in Manhattan
- Fire Island National Seashore
- Fort Stanwix National Monument
- Gateway National Recreation Area
- General Grant National Memorial in Riverside Park
- Governors Island
- Hamilton Grange National Memorial
- The Harriet Tubman National Historical Park
- Home of Franklin D. Roosevelt National Historic Site
- The Tenement Museum
- Martin Van Buren National Historic Site
- National Parks of New York Harbor
- North Country National Scenic Trail
- Sagamore Hill grounds
- Saint Paul’s Church
- Saratoga Battlefield
- The Statue of Liberty
- Stonewall National Monument
- Theodore Roosevelt Birthplace
- Theodore Roosevelt Inaugural National Historic Site
- Thomas Cole National Historic Site
- Upper Delaware Scenic and Recreational River
- The Vanderbilt Mansion
- Washington-Rochambeau National Historic Trail
- Women’s Rights National Historical Park
In residential areas, landlords can’t refuse to rent to someone who uses cannabis. However, they can make their buildings smoke-free.
Hotel owners can also ban smoking pot. Check with the hotel for their rules.
New York is bordered by states where marijuana is legal (Pennsylvania is only medially legal). However, since cannabis is not federally legal, it is still illegal to travel with weed between states. And in New York, you cannot use cannabis products on public transportation.
Other locations where you are not allowed to smoke include zoos, school campuses of all education levels, locations with ticketed events, and within 100 feet of child care buildings, libraries and hospitals.
In state parks in New York, you can smoke. However, some areas are off-limits. Playgrounds, swimming pools, beaches, pavilions, picnic areas, boardwalks, outdoor dining places, outdoor environmental education programming locations, public gardens, and 50 feet or less from buildings are all included on the list.
So, where are you allowed to smoke? Private homes and apartments are allowed when not used as a day care and with the landlord’s consent. Also, hotel or motel rooms as long as the hotel property owner allows it.
While there are no laws preventing people from smoking while walking down the street, exercise caution that you do not accidentally wander into any of the banned areas. If you are found using any cannabis products in a prohibited area, it can result in a fine of up to $25 or up to 20 hours of community service.