Long Island Town Enacts Public Marijuana Smoking Ban

A town on Long Island has just passed a law prohibiting the public smoking of marijuana. This move has been welcomed by residents who are fed up with the constant smell of cannabis, noting that there’s “a time and a place” for its use.

Glen Cove is now the first city in New York to establish such a ban following the state’s legalization of marijuana, with the city council making the decision during a heated meeting on Tuesday night.

“You can smoke marijuana at home, in your yard, or even at a friend’s place, but we won’t allow it in public spaces like beaches, parks, or stadiums—especially where children are present,” said Mayor Pamela Panzenbeck, as seen in a video of the meeting.

The new law enforces fines for those who smoke marijuana in public areas within city limits—up to $100 for a first violation and as much as $250 for subsequent ones, even if just walking down the sidewalk.

Previously, city officials opted out of cannabis licenses in 2021 and set zoning laws in 2023 to limit the locations of new smoke shops, a decision influenced by complaints from locals regarding the “terrible stench” spreading through the town.

Resident Bruce Kennedy addressed the board, stating, “There is a right time and place for adult-use drugs, and it’s not in parks, streets, or playgrounds.” He compared the ban to laws regulating alcohol consumption.

However, some residents argue the law is illegal, suggesting it targets young, law-abiding citizens who cannot smoke in their apartments and feel forced to choose between breaking the law or their leases.

Legal experts have raised concerns as well, indicating that the city’s prohibition may conflict with state law, which generally allows marijuana use in the same locations as smoking cigarettes.

The law does not alter existing regulations regarding where cigarettes can be smoked, but lawyers suggest that cigarettes and marijuana may fall under similar legal categories.

While Glen Cove is joining other municipalities across Long Island in issuing regulations on marijuana, its ban specifically targeting public use is distinct, yet it notably keeps tobacco rules unchanged.

The state Office of Cannabis Control has stated that although the Clean Indoor Air Act sets standards for smoking in public places, local governments are allowed to impose stricter regulations.

Nonetheless, legal professionals warn that this blanket ban could face legal challenges. Jeffrey Bass, a cannabis industry lawyer, commented to the Post that the law is likely to infringe upon New York state law due to its broad scope.

Bass pointed out that the law makes no exceptions for medical marijuana usage and considers private property adjacent to public land as public space under its definition.

“While state law restricts smoking in parks, playgrounds, and beaches, it excludes private property and designated smoking areas. As currently written, such local laws could be challenged,” he explained.