Can I smoke marijuana in my backyard?
NEW YORK (PIX11) -- Marijuana has been legal in New York State for medical use since 2014. In March 2021, the Marihuana Regulation & Taxation Act was signed into law, opening recreational use for adults 21 and older.
Still, some have questions about where they can consume cannabis in its many forms. The short answer is weed can be smoked anywhere tobacco can be smoked with only one exception, you are not allowed to smoke in motor vehicles, even when parked and not on.
The guidelines for where you can enjoy your THC products fall under the Public Health Law § 1399-o, which banned smoking of any kind within New York State in the following indoor and outdoor locations:
- Places of employment
- Bars
- Food service establishments
- Enclosed indoor areas open to the public containing a swimming
pool - Public transit
- Ticketing, boarding and waiting areas in public transportation
terminals - Youth centers and facilities for detention
- Any facility that provides childcare services and child daycare centers, group homes for children and within 100 feet of the entrances, exits or outdoor areas of any public or private elementary or secondary schools; and any after-school program licensed or registered with social services
- Public institutions for children or school grounds
- Residential treatment facilities for children and youth
- Dormitories, residence halls, and other group living facilities that are owned or run by such schools, universities, and other educational and vocational institutions, whether they are public or private
- On general hospitals and residential healthcare facilities campuses
- Commercial establishments used to carry on or exercise any trade, profession, vocation or charitable activity
- Indoor arenas
- Zoos
- Bingo facilities
- Within 100 feet of the entrances, exits or outdoor areas of any public or association library
In New York City, there are additional restrictions according to the Smoke-Free Air Act. These additions include indoor common areas, parks, beaches, pedestrian plazas, sports arenas and recreational areas that issue tickets.
As far as residential areas, there is no law banning you from smoking in the privacy of your own home or on your property. However, Local Law 147 allows landlords to decide their own smoking policies for their buildings.