By Dan Murphy
Five years after marijuana was legalized in New York State, some local communities are considering passing laws that ban the smell of Pot smoke on their streets.
The Village of Mamaroneck considered a law, which sought to criminalize “the possession and inhaling of any heated cannabis or marijuana…” with penalties up to a $250 fine and 15 days imprisonment.
According to the Larchmont Loop, the item was under consideration by the Mamaroneck Village Board, but was withdrawn after it was reported on by media outlets.
Mamaroneck would have been the first Westchester community to consider such a law.
Some Westchester residents have complained about the smell, or odors, from pot smoke along many streets.
The Town of Glen Cove on Long Island passed a ban on smoking in public spaces in December 2025.
The law prohibits marijuana smoking on sidewalks, in parks, public squares, beaches and any other public area.
Others believe that “people should be able to have the freedom of doing what they want without hurting others,” she said.
Fines for the first offense in Glen Cove $100 and increases to $250 for subsequent violations.
In New York State, you can generally smoke or vape cannabis anywhere it is legal to smoke tobacco. However, state and local regulations strictly prohibit smoking pot in motor vehicles, on federal property, in schools, and in most indoor or outdoor public spaces like restaurants, building lobbies, and public parks.
You can smoke in private homes, in your backyard, and on public sidewalks (unlike alcohol, open consumption on the street is typically permitted unless specifically banned by your local municipality)
Landlords have the right to ban smoking (both tobacco and cannabis) inside apartments and common areas. Tenants should check their leases to understand the building’s policy
On March 31, 2021, New York legalized the possession of up to 3 ounces of marijuana and up to 24 grams of marijuana concentrate for adults who are at least 21 years old.