After cannabis became legal for recreational use in March 2021, New Yorkers and tourists should have the right to smoke the drug wherever and whenever they choose, shouldn’t they?
Those 21 years of age or older have the right to smoke pot, enjoy an edible, or participate in the use of weed cartridges within New York. However, there are still locations where it is still illegal to possess or consume THC products within the state.
Tobacco products can be used in most places where cannabis can be smoked. In addition to vehicles, private businesses such as restaurant patios, public parks, hookah bars, and NYCHA properties, some exceptions exist, such as private residences and certain residential settings.
In this article, we will guide you on smoking in New York.
Marijuana Laws in New York: What Do They Say?
There has been a change in the state of New York’s marijuana laws, which now only permit adults over 21 to use marijuana in public. As far as ‘in public’ is concerned, it does not apply to your car. Driving a vehicle while under the influence of marijuana remains illegal as long as you are at least 21 years old.
According to Section 1192(4) of the Vehicle and Traffic Law, you may be charged with driving while under the influence of cannabis in the state of New York. Under this section, it is illegal to operate a motor vehicle when impaired by the use of drugs. Section 1192 (4-a) lists marijuana as one of the illegal drugs.
According to the same law, a chemical test of urine, blood, breath, or saliva can be conducted if there are reasonable grounds to suspect that you may be operating a vehicle under the influence of bhang.
There is no limit on how much THC a driver should maintain to avoid being charged for drunk driving in New York, as opposed to Colorado, where we saw a standard that includes the amount of THC that constitutes impairment. If you have any THC in your system, you will be arrested for driving under the influence.
Is it legal to smoke in the park?
City parks are prohibited from allowing the smoking of tobacco, as well as the smoking of marijuana in the city parks. As a result, smoking marijuana as a legal drug is no longer punishable by a criminal record. There is a civil infraction involved, similar to littering. The punishment if you are found guilty may include a $25 fine and up to 20 hours of community service.
Where can I smoke in New York City?
As long as you comply with the Clean Indoor Air Act, it is permissible for you to smoke cigarettes almost anywhere in the state, but there are some gray areas. If caught, you could receive a $25 fine or 20 hours of community service. This prohibition also extends to offices, restaurants, bars, the subway, ferries, and schools. In the case of public-housing cooperatives and their grounds, it is prohibited to build and operate businesses on subsidized buildings and grounds. Still, advocates are challenging this provision of the law.
There are some exceptions to this rule, however, such as sidewalks, streets, the inside of parked cars, roofs, and houses, depending on your landlord if they do not allow smoking inside. Don’t forget to be considerate. Smoking responsibly is the first step.
The smell of certain smoke or odors would not be welcomed into the home. There is nothing wrong with acknowledging that you live with other people all the time.
Also Read New York’s Medical Marijuana Program
The truth is that even though marijuana has now been legalized under state law laws in New York, it is still illegal on the federal level. It is, therefore, not permitted to use it on federal lands, such as national parks and forests, even though these lands are within New York. Smoking marijuana can cause temporary anxiety, heart palpitations, panic attacks, and respiratory problems.
With questions or concerns about the legality or the medical aspects of KIF’s products, you should consult a KIF medical or legal professional.