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Where Can You Smoke Weed in NYC? What the Rules Say

Grams Brooklyn · · 4 min read

Two adults relax on a couch at home in the evening, a closed jar of Grams Sherbie on the coffee table and city lights in the window
For most New Yorkers, home is where cannabis use is clearly allowed, if the building permits it.

In New York City, adults 21 and older may generally smoke or vape cannabis where smoking tobacco is allowed, unless another law, rule or property policy says otherwise. In practice that rules out a lot of places: cars (even parked), schools, workplaces, restaurants, bars, the public areas of buildings, and the city's parks, beaches, boardwalks, playgrounds and pedestrian plazas. Federal property is off limits under federal law. For most people, the place where it's clearly allowed is a private home whose owner permits it.

Where can you smoke weed in NYC legally?

State law ties cannabis smoking and vaping to the existing tobacco rules. The New York State courts' guide to the 2021 cannabis law puts it this way: you can smoke cannabis anywhere smoking tobacco would be permitted unless another law, rule or local policy forbids it. NYC Health's guide to legal use says the same thing in plainer words: most places where tobacco smoking is permitted.

That sounds broad until you list where tobacco smoking is already banned in the city. What's left is mostly private space: your own home, if your building allows it, and private property where the owner has said yes.

Read the NYC Health guide to legal cannabis use

Where is smoking cannabis not allowed in New York City?

NYC Health and the state courts list these places as off limits for smoking or vaping cannabis:

Cars and other motor vehicles, including as a passenger and while parked.
Schools and workplaces.
Restaurants, bars and the public areas of buildings.
City parks, beaches, boardwalks, playgrounds and pedestrian plazas.
Public golf courses, public gardens, and inside or on the grounds of sports stadiums.
Any federal property, where cannabis in any form is still illegal under federal law.

The subway and buses fall under the MTA's existing ban on smoking in stations and on trains and buses. And driving while impaired by cannabis is a crime in New York, the same as with alcohol.

Can I smoke weed in my apartment in NYC?

It depends on your building. NYC Health notes that some private buildings prohibit smoking and vaping inside units, and that property owners can prohibit cannabis smoking and vaping in their building. What they can't do, according to the same guide, is ban edibles or the possession of legal amounts of cannabis inside your home.

Public housing has its own rules. NYCHA developments have smoke-free policies that ban smoking and vaping tobacco and cannabis on the property, and public housing that's part of a federal program falls under federal law, which still prohibits cannabis possession and use. If you rent, check your lease and your building's smoking policy before assuming anything.

What happens if you smoke cannabis where it isn't allowed?

Under the state law as the courts describe it, smoking cannabis in public where it isn't permitted is a civil violation, not a crime: a fine of up to $25 or up to 20 hours of community service. Other rules can still apply on top of that, from a building's lease terms to an employer's policy, and driving while impaired by cannabis is a crime.

Read the New York State courts' summary of the cannabis law

What about carrying cannabis around the city?

Adults 21 and older may possess up to 3 ounces of cannabis flower and up to 24 grams of concentrated cannabis. Possessing it is not the same as using it: you can carry a legal amount home from a licensed shop, but the places listed above are still off limits for smoking or vaping it.

In a car, the rule is simple: don't use cannabis in the vehicle, whether it's parked or moving, and don't drive after using it. Our overview of New York cannabis law covers possession, transport and driving in more detail.

New York cannabis laws: what consumers should know

Does cannabis delivery change any of this?

No. Delivery changes how a product reaches your door, not where it can be used. Every Grams order is handed to an adult 21 or older who shows valid photo ID at the door. Grams delivers daily from 9 AM to 10 PM from our shop at 360 Graham Avenue, usually within an hour; the live estimate depends on your address, traffic, weather and demand.

How cannabis delivery works in New York

See where Grams delivers in Williamsburg

Rules change, and this guide is a plain-language summary, not legal advice. For the current rules, check the Office of Cannabis Management at cannabis.ny.gov and NYC Health. When you're ready to shop, the live menu shows what's available today.

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Adults 21 and older should consume responsibly and never drive after using cannabis.

Sources and further reading

New York OCM: consumer information

Grams Brooklyn editorial standard

Prepared by the team at licensed New York cannabis microbusiness OCM-MICR-25-000223. Product availability and individual experiences vary. This guide is educational and is not medical advice. About Grams · Review lab tests