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NYC cannabis etiquette: Can I roll weed on subway?

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Yes, you can legally smoke in New York’s streets and roll your weed on the subway. But should you? Here are Leafly’s tips for toking in the city.


New York, which initially legalized adult-use weed in 2021 and rolled out legal sales at the end of 2022, allows cannabis smoking anywhere cigarette smoking is permitted. It also allows the possession of up to three ounces of flower, which could have landed you in prison under drug laws of the recent past. But just because you can, doesn’t always mean you should.

Whether you are rolling up on the train, lighting up on the street, or going on a buzzed adventure, revisit these basics of cannabis etiquette before your next trip downtown.

Is it legal to roll weed in public in New York City?

Rolling up was once an easy way to get locked up. Now, New Yorkers can roll up almost anywhere. (Meg Schmidt / Leafly)

After New York passed the Marihuana Regulation and Taxation Act (MRTA) in March 2021, it became legal to possess (and therefore roll up) cannabis virtually anywhere, including on long subway treks. As long as you don’t light up.

A state official told Leafly that they witnessed New Yorkers preparing their joints and blunts on the train in 2021, post-MRTA. They noted that the only broken law they observed was the few seconds subway rollers had to remove their face masks to seal their spliffs with a lick.

A pile of cannabis mess in the shape of New York state, next to a joint and grinder. (AdobeStock)
(AdobeStock)

Just because it’s legal to roll up on the way to a party or back home after a long night, doesn’t mean it’s always a good idea. Cannabis lovers across New York are depending on all fellow tokers not to ruin the new set-up for the rest of us. There is already public pushback against the new freedoms legalization offers. So don’t give the other side more ammo by dropping buds on business suits during rush hour, or in front of kids right after school lets out.

If you find yourself on a mostly empty train, or are surrounded by adults who are unbothered by your dank, roll up without worries. Just don’t assume everyone loves that skunky smell as much as you: Try not to catch an attitude if someone politely asks you not to funk up their ride. You don’t look as cool as you think struggling against the train’s turbulence attempting to pearl a perfect jay. So save the roll job for your next stop, or your final destination if there’s any chance you might disturb your fellow passengers.

Is it legal to smoke in public in New York City?

A woman with designer nails lights a joint in downtown New York City.( Meg Schmidt / Leafly)

Yes, with a few exceptions. New Yorkers can smoke cannabis anywhere except public parks, pedestrian plazas like Herald Square and Times Square, and some private building entrances. Just be aware of your chronic footprint—or the airspace that your smoke takes up around you.

Man smoking a joint. (AdobeStock)

Walking by a school, or a nanny pushing a stroller? Cross the street, or at least hold your breath until they pass. Bustling through a crowded avenue? Step to a side street or alley, out of respect, not shame. There are already countless complaints that the city smells like weed (at least it’s better than garbage, right?). So don’t give uptight lawmakers and locals more fire power and NIMBY-talking points.

Tips for being high in public

las vegas cannabition cannabis museum: header
(Leafly)

Attention edible lovers and light weight smokers—this one’s for you. New York City is full of incredible activities, and great cannabis products. So you’re not the only one thinking of going to a museum, Broadway play, or Knicks game “Big Apple baked.” The key is to plan well, stay aware of your surroundings, and if you’re gonna go see a Pixar movie alone, sit in the back and do your best not to scare the children.

(AP Photo/Richard Vogel)

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If you’re trying edibles, make sure you know what you’re taking, and how to dose them. Unlike cannabis flower, edibles can hit you all at once, and last for hours. Avoid an unnecessary panic attack, 48-hour hibernation, or embarrassing emergency room visit by eating responsibly.

A New Yorker enjoys some local product at a Spleef NYC canna-cocktail party. (AP Photo / Mary Altaffer, File)
A New Yorker enjoys some local product at a Spleef NYC canna-cocktail party. (AP Photo / Mary Altaffer, File)

If you’re not sure how cannabis will impact you, it may be best to only consume at home, or in a controlled environment. If you do happen to venture out, find activities that put you at ease.

Places in New York City where it’s illegal to smoke

people on blankets in park
Sorry New York, the days of legally smoking in parks have come to an end. (Meg Schmidt / Leafly)
  • Bars and pubs (including hotel lobbies)
  • Dance Clubs
  • Government buildings
  • Hospitals
  • Museums
  • Restaurants and Cafes (including sidewalk seating areas)
  • Theaters (including movie theaters, Broadway theaters and all other live music and performance theaters)
  • On public transportation including the following: Airports (including bars), Buses, Ferries, Taxis, Subway trains, stations, and platforms
  • Outdoor public spaces s including: All New York City parks including Central Park, Beaches, and boardwalks
  • Playgrounds and pools
  • Public golf courses
  • Sports Stadiums (such as Yankee Stadium, Aqueduct Racetrack & the Casino)
  • Pedestrian plazas like Times Square and Herald Square.
holding joint on beach
(AdobeStock)

Places in New York where you can legally smoke

  • In a hotel room designated for smokers
  • In a private residence
  • In a private vehicle
  • On city sidewalks except within 15 feet of any entrance or exit to a healthcare facility.
  • Retail tobacco stores
  • Tobacco Bars
  • At Cigar Bars (ask first)
(AdobeStock)

State officials told Leafly that they have no intentions to criminalize consumption in New York. But negative stigmas about the plant and its users will persist if the cannabis community doesn’t consume respectfully amid the new reality of legalization. So be aware and accountable as you enjoy the new freedoms granted by the MRTA.

Until our next etiquette lesson: Stay classy, New York cannabis lovers!



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NYC cannabis etiquette: How to behave in an NYC dispensary without feeling weird

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Shopping for legal cannabis for the first time can be an intimidating experience. Whether you’ve spent years buying from your local dealer, or are truly a newbie when it comes to weed, it’s easy to get overwhelmed if you don’t know what to expect. From simple questions like, “Should I bring cash or card?” to darker thoughts, like, “Is the weed dispensary collecting my data and selling it to the government?” Either way there are no dumb questions, only dank ones.

Here are Leafly’s best tips for first-time dispensary shoppers who want to know the proper ways to purchase pot.

Bring ID and cash

(Meg Schmidt / Leafly)
(Meg Schmidt / Leafly)

Many dispensaries have switched to electronic payment systems that can take debit and credit cards. But for the most part, cash is still king for cannabis sellers, even the legally regulated ones. That’s why you can expect to see an ATM or two inside, just in case you forgot to stop at the bank on the way. To avoid fees, and that rare occasion when their ATM goes down, come with cash in hand and get right to business.

Be nice to security

One of Connecticut’s first-time adult-use cannabis buyers takes directions from a budtender at Affinity Dispensary. Vic (right) is a professional security guard for celebrities who said legal stores won’t shut down Connecticut’s illicit market, but the option will benefit those who fear for their safety when buying from unlicensed suppliers. (Mikhail Harrison / Leafly)
(Mikhail Harrison / Leafly)

The first person you’ll see at your local weed shop isn’t the owner, a budtender, or the celebrity grower who bred your bud. Your first encounter will be with a security professional who will ask to see your ID, and might search you and your bag. Have your ID out when you reach the door, and leave any potential weapons in the car. Nobody likes getting patted down or carded. Make sure to be friendly to the person working the door. Be friendly: This person’s job is to be wary of potential robbers and suspicious customers. Remember, working at a weed store is cool, but it’s still work.

Don’t get paranoid about data collection

Dutchie point of sale equipment will be used at Smacked Village and all other New York retail dispensaries. (Calvin Stovall / Leafly)
Dutchie point of sale equipment will be used at Smacked Village and all other New York retail dispensaries. (Calvin Stovall / Leafly)

Every state’s laws are different. But most don’t allow invasive data collection from licensed dispensaries. New York’s first legal weed stores began opening in December, and hundreds more are on the way. Everyone from locals to tourists is seemingly curious about how dispensaries are handling data from individual sales.

New York’s cannabis office told Leafly that retailers can’t retain a customer’s personal information for marketing and advertising unless that person consents to receiving updates. The state regulations for adult-use dispensaries also make that clear.

A medical patient checks out in peace at RISE dispensary in Bloomfield while hundreds of rec buyers fill day-one lines on the other side of the store. (Meg Schmidt, Leafly)
A medical patient checks out in peace at RISE dispensary in Bloomfield, NJ while hundreds of rec buyers fill day-one lines on the other side of the store. (Meg Schmidt / Leafly)

New York dispensaries, however, are required to collect data about the purchase. That means they must track, at a minimum, the following data elements for each activity in a sale, including the transaction, quarantine, disposal of the cannabis products, and the weight, volume, or count of the cannabis products. Dispensaries also track the date of activity, and the identity of the worker making the transaction. But they’re not keeping your personal or banking info, and only send marketing and promotions if you consent.

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NYC cannabis etiquette: Can I roll up weed on the subway?

Dutchie is the exclusive point of sale system for New York’s retail dispensaries. Anne Forkutza, Head of Market Expansions for Dutchie, said the company does not keep or sell personal data for New York’s dispensary shoppers.

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Give the budtender something to work with

The staff at Legacy NYC specializes in walking new customers through their unique cannabis gifting process. (Leafly / Megan Schmidt)
(Leafly / Meg Schmidt)

There are a lot of ways to shop for cannabis. Some people look for the highest (or lowest) THC percentage based on desired intensity. Others trust brand names, or choose by type: Sativa for an uplifting buzz, Indica to go “in da couch,” or Hybrid for balanced effects. And then you have the bargain hunters.

Even if you’ve already scanned the online menu, chances are the local budtender knows their store inventory better than you. So unless you have a specific strain or product that you already know is on the menu, go in with some goals or pain points that can help your budtender point you in the right direction. Whether your goal is sleep, euphoria, or the best bargain, your budtender should know exactly what you need based on the current selection and your price range.

Don’t roll up or smoke right outside the store or in your parking spot

(Meg Schmidt / Leafly)
A sneak peek of New York’s first legal homegrown flower. (Meg Schmidt / Leafly)

You just bought a fire eighth. It’s only natural that you want to crack the package and take a whiff as soon as you head home. You might even want to roll it up or stuff a quick bowl before taking off. But don’t: In doing so, you’re bringing bad attention to the business, even if it’s technically legal to possess and smoke cannabis everywhere cigarettes are legal in New York City. Some regulators and local weed haters are still looking for any excuse to get the local dispo in trouble. So wait until you’re a safe distance from the store front before you finally crack the seal and spark up.



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