Can You Vape or Smoke Weed in Public? [Laws in 50 US States UPDATED 2022]

Marijuana laws and regulations are constantly changing in the United States.

And while a whopping 80% of states now allow some form of cannabis use [so 40, with 22 states allowing recreational use], this doesn’t mean you don’t have to follow a set of pretty strict rules.

So in today’s post, we’re going to explore how to be smart about smoking or vaping weed [or using hash, tinctures, or gummies], even if you’re one of those lucky people who live in a state that has legalized marijuana products.

The biggest question that needs answering is – can you now use cannabis anywhere you want, including public spaces.

Let’s dig into it.

So… Can You Smoke or Vape Cannabis in Public?

Here’s a rule of thumb for you — always assume that the answer to the above question is a firm NO.

Smoking or vaping weed in public is – in most cases – specifically prohibited in the law’s text that permits usage [either medical or recreational. If it’s not, then it’s banned everywhere where nicotine tobacco cigarettes and e-cigarettes are prohibited. So if you see a ‘No Smoking’ sign, assume that it means pot, too.

This will save you a shit-ton of trouble.

But…

What do we actually mean when we say ‘can you smoke weed in public?’

First off, you need to know that there’s a two-fold definition of ‘public’ – public places & enclosed public spaces.

• Outdoor public places – parks, boardwalks, sidewalks, squares, gardens, beaches, and more [anywhere that’s accessible to the general public].
• Enclosed public places – anywhere inside where members of the public can easily enter, such as bars, restaurants, cafes, theaters, stadiums, public transportation, and similar locations.

In most cases, you’re not allowed to smoke or vape cannabis in these locations [there are exceptions to this -see a comprehensive table of states below].

[In most states, it’s also illegal to use a cannabis vape device or smoke pot in your vehicle, even if you’re not driving. You also can’t have an open container of pot anywhere where a passenger can reach it in your car.]

Local governments – cities, municipalities, and counties – in some states have even stricter local laws than the state does.

For example, here’s a screenshot of an opt-out tracker for New York state [where it’s allowed to smoke on the sidewalk or in front of your house, for example]:

As you can see, plenty of villages, localities and municipalities opted out of allowing medical marijuana dispensaries (even for users faced with chronic pain, I might add] and consumption sites, and it’s safe to assume that they also won’t legalize public smoking [though possession and use on private property is still allowed as long as you have three ounces of marijuana or less].

Bottom line – your best bet is to enjoy marijuana smoke and vapor in private homes, private residences, and private residential areas [with express permission of owners]. In most states that allow recreational cannabis, users are protected in their homes, and the police can’t touch them [provided they don’t operate a licensed day care center there]. Keep in mind that federal law still classes pot as a Schedule I Illegal Drug and adult use is not permitted. This means that in no circumstances can users light up or use their vape pen on federal land, such as airports, national parks, or attempt crossing state lines with weed. If you do that, you’re risking a running with the law enforcement… and they don’t play ball.

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For more information on how to avoid a weed-related encounter with a police officer depending on the state you’re in, check the list below. Keep in mind that you should err on the side of caution and double-check if there are any other local cannabis ordinances you should know so not to get into legal trouble.

50 US States & Their Laws on Public Consumption of Cannabis

ALABAMA [PROHIBITED]

Alabama allows only medical use, and only on private property.  [Source: CFAH.ORG, 2022]

ALASKA [PROHIBITED… ISH. PRIVATE PROPERTY OWNERS CAN ALLOW OUTSIDE USE]

Meaning that your AirBnB host or hotel room operator probably won’t object to toking on the patio [best to ask, though]. The fine for outside consumption is a $100 citation. Some weed shops and dispensaries have on-site consumption permits. [Source: Alaska’s Visitor Guide, 2019]

ARIZONA [PROHIBITED]

Public use is a petty offense that carries an up to $300 fine. Surprisingly, workplaces are not considered public spaces, and it’s up to employers to permit or ban use on their premises [most ban it by default]. [Source: Schill Law Group]

ARKANSAS [PROHIBITED EXCEPT IN OUTSIDE AREAS ON PRIVATE PROPERTIES LIKE HOTELS WITH PERMISSION]

You can smoke on your property [and even on your front porch], but only if you hold a valid medical marijuana card. As for workplaces, it’s up to your employer, but it’s prohibited in health and care facilities, or anywhere where there are minors present. [Source: Arkansas Department of Health]

CALIFORNIA [PROHIBITED EXCEPT IN OUTSIDE AREAS ON PRIVATE PROPERTIES LIKE HOTELS, CLUBS & BARS WITH PERMISSION]:

Both medical and recreational use of cannabis in California has been legal for years [although every county seems to have its own rules — here’s a full list of CA cannabis-related ordinances]. Still, you can’t light up or whip out your vape pen in public places where smoking is prohibited or where you can be seen by the general public, especially minors [so no partaking on the beach, for example]. This goes for the state cannabis capital, San Francisco. CA law also prohibits having open container cannabis (as well as alcohol, FYI) in a motor vehicle. Consumption lounges in medical marijuana dispensaries and retail cannabis stores are always an option. [Source: California’s Department of Cannabis Control, 2022]

COLORADO [PROHIBITED EXCEPT IN OUTSIDE AREAS ON PRIVATE PROPERTIES LIKE HOTELS WITH PERMISSION]:

Public consumption is prohibited in Colorado [so partaking on sidewalks, at parks, or on ski slopes is a no-go]. Public use is a petty offense that carries a $100 [but can also land you in jail for up to 15 days, depending on the circumstances]. Licenced lounges are a thing, so ask around and you should be able to find one. [Source: Colorado Cannabis, 2022]

CONNECTICUT [PROHIBITED]

In general, public and open space use is prohibited wherever smoking is prohibited [so near schools and care facilities, and in workplaces, bars, and restaurants]. You also can’t vape or smoke cannabis in state parks, beaches or on the water. [Source: Visit Connecticut, 2022]

DELAWARE [PROHIBITED]

Recreational marijuana use is prohibited in Delaware. Any use in public — whether or not you have a valid MJ patient card — is also prohibited. [Source: Leafly, 2022]

FLORIDA [PROHIBITED]

You can’t – and you better not – smoke or vape weed ANYWHERE in public in Florida. The fines are heavy, and it’s not uncommon for the state to press felony charges for any amount of THC concentrate [including one gummy or a single cannabis vape cartridge]. [Source: Defense Help, 2022]

GEORGIA [ALLOWED… WITH A BIG BUT…]

YES — you can actually smoke or vape cannabis products on the street in Georgia. But, don’t get too excited — recreational use of marijuana is strictly prohibited. All you CAN get there is CBD oil that doesn’t contain more than 0.5% of THC. And you can only use it if you have a state-issued medical marijana card.[Source: Leafly, 2021]

HAWAII [PROHIBITED]

You can only smoke or vape cannabis in private when in Hawaii. Only medical cannabis is permitted, and it’s illegal to transport it between the islands. [Source: Weedmaps, 2020]

IDAHO [PROHIBITED… HARDCORE]

Nope, nope, nope! You can’t publicly partake or even be under the influence of cannabis here. Idaho has some of the strictest cannabis laws in the country, so my advice would be NOT to risk it here. [Source: Wikipedia, 2022]

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ILLINOIS [PROHIBITED EXCEPT IN OUTSIDE AREAS ON PRIVATE PROPERTIES LIKE HOTELS WITH PERMISSION]

Nope, public partaking is not permitted in Illinois. You can use it in private open spaces [home, hotels, lodgings, bars, colleges] with express permission of the owner. Even that is not permitted if you’re around anyone under 21 years of age. Approved dispensaries have lounges, but this will vary depending on the city/county you’re in. [Source: Prevention dot org]

INDIANA [PROHIBITED]

Indiana is one of those rare states where you can’t get pot even with a doctor’s recommendation. Possession alone is a misdemeanor and can become a felony, and you will be spending time in prison. [Source: Criminal Defense Lawyer, 2022]

IOWA [PROHIBITED]

Iowa is pretty weird. Technically, the state allows medical marijuana… but not the smokable kind [so only tinctures and pills]. This means that public use of joints or cannabis vape pens is not allowed. You can’t pop your THC pills in public either — you’ll get slammed with a ‘simulated intoxication’ misdemeanor. As I said… Iowa is weird. [Source: Leafly, 2022]

KANSAS [PROHIBITED]

There’s no law in Kansas that explicitly prohibits flagrant public enjoyment of marijuana… but since both medical and recreational varieties are illegal, the point is mute. [Source: Weedmaps, 2020]

KENTUCKY [PROHIBITED]

Nope, nope, nope. Don’t even THINK of using cannabis in Kentucky if you value life on the unlocked side of prison bars. Kentuckians are not there yet. [Source: Weedmaps, 2020]

LOUISIANA [PROHIBITED]

Smoking medical marijuana [so you need to have a license in the first place] out and about is a ticketable offense under Smoke-Free Air Act. [Source: Marijuana Policy Project, 2022]

MAINE [PROHIBITED EXCEPT IN OUTSIDE AREAS ON PRIVATE PROPERTIES LIKE HOTELS WITH PERMISSION]

You can partake on private property, but property owners and rentals [hotels, AirBnBs] can ban cannabis on their land. [Source: Visit Maine, 2022]

MARYLAND [PROHIBITED]

Maryland just passed a bill legalizing recreational cannabis in November 2022, so things are still up in air. For now, assume that smoking/vaping in ALL enclosed public spaces and outdoor places is prohibited [and it’s punishable by a $250 fine]. [Source: The Washington Post, 2022].

MASSACHUSETTS [PROHIBITED EXCEPT IN OUTSIDE AREAS ON PRIVATE PROPERTIES LIKE HOTELS WITH PERMISSION]

Both rec and medical marijuana are legal, but public consumption is not. You also can’t carry more than one ounce of weed on you when out. There are no  consumption lounges in Massachusetts just yet. [Source: Mass dot gov, 2022]

MICHIGAN [PROHIBITED EXCEPT IN OUTSIDE AREAS ON PRIVATE PROPERTIES LIKE HOTELS WITH PERMISSION]

Adult non-medical use is permitted in Michigan, but smoking/vaping cannabis is subject to smoking laws. So no toking in public unless you want a $100 citation. Some cities and counties have weed-friendly hotels, events, and consumption lounges. [Source: High Level Health, 2022]

MINNESOTA [PROHIBITED]

You can’t smoke weed anywhere where smoking is not allowed. Also, only medical use is legal. [Source: Weedmaps, 2021]

MISSISSIPPI [PROHIBITED]

Only medical marijuana is legal in Mississippi. If you’re a licensed user, you can ONLY smoke, vape, or dab on private property without being seen by the general public. [Source: Weedmaps, 2022]

MISSOURI [PROHIBITED]

Adult-only non-medical use will become legal in Missouri in 2023. Outside consumption is prohibited. Details are not known just yet. We can’t be sure if using on private properties such as hotels & rentals will be permitted. [Source: The Kansas City Beacon, 2022]

MONTANA [PROHIBITED EXCEPT IN OUTSIDE AREAS ON PRIVATE PROPERTIES LIKE HOTELS WITH PERMISSION]

While cannabis is legal [both medical and recreational], use in outdoor public spaces is still illegal. [Source: Glacier MT, 2021]

NEBRASKA [HELL NO]

There’s no accommodation of any medical use of marijuana in Nebraska. Personal use by adults is also prohibited. Individuals would be smart to avoid public consumption in this state! [Source: Marijuana Policy Project, 2022]

Are you still partial to the sweet, sweet smell of vaped weed?

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NEVADA: [PROHIBITED]

While adult responsible personal use is allowed, don’t go flaunting your bud while on the strip. You can only smoke, vape, and use edibles in a private residence while in Las Vegas and the rest of Nevada. Soon, local permits will be issued for licensed consumption lounges. [Source: Adras & Altig Law, 2021]

NEW HAMPSHIRE [PROHIBITED]

Adult non-medical use is decriminalized, but not legal. This means you shouldn’t push your luck with pot in the Granite State. [Source: MPP, 2022]

NEW JERSEY [PERMITTED WITH EXCEPTIONS]

New Jersey prohibits smoking and vaping pot anywhere where tobacco isn’t allowed. Public parks and bars are included. The law enforcement is flexible though — you likely won’t be bothered if you’re doing it out of sight and away from minors. Some municipalities have passed ordinances banning all outdoor use [so you can only partake in private residences, and hotels and lodgings that allow it]. [Source: North Jersey, 2022].

NEW MEXICO [PROHIBITED BUT…]

New Mexico law specifically prohibits public use. The offense carries a $50 fine, so many tokers are willing to risk it. [Source: Discover Ruidoso, 2022]

NEW YORK [PERMITTED WITH EXCEPTIONS]

New York is one of the rare states that allows outdoor partaking [sidewalk or in front of your house]. That said, you can’t do it in state parks and benches, around day care centers, or near school busses. [Source: NY Office of Cannabis Management, 2022]

NORTH CAROLINA [STRICTLY PROHIBITED]

Just… no. [Source: Common Sense, 2022]

NORTH DAKOTA [PROHIBITED]

North Dakota only allows medical patience to use pot. You can’t vape it in public, at work, or anywhere else where a minor could inhale the smoke. [Source: Weedmaps, 2020]

OHIO [PROHIBITED]

Only medical patients can use… privately. Some cities have decriminalized recreational possession of up to 200 grams. [Source: Leafly, 2021]

OKLAHOMA [PROHIBITED]

You can only smoke or vape at home, not outside or in a workplace. Only MJ users with patient cards can have pot in possession. [Source: Ford Law, 2022]

OREGON [PROHIBITED]

Consumption is illegal in all places in public view. Some counties and municipalities have further restrictions you should check out if traveling to Oregon. [Source: Travel Portland, 2021]

PENNSYLVANIA [PROHIBITED]

Only medical cannabis is allowed. Public consumption is prohibited. [Source: CFAH, 2022]

RHODE ISLAND [ALLOWED]

Yay, you can smoke or vape weed anywhere where cigarettes are allowed! However, cities and counties can regulate stricter… and some do. Check local ordinances if in Rhode Island. [Source: Visit RI, 2022]

SOUTH CAROLINA [NOPE]

Don’t do it. [Source: Charleston Law, 2021]

SOUTH DAKOTA [PROHIBITED]

Medical-only pot can be consumed in private, exclusively. [Source: Leafly, 2022]

TENNESSEE [LEMME THINK… NOOOPE]

Seriously, don’t do it. See entry for North Carolina.

TEXAS [DOUBLE NOPE]

You can risk it… and they can throw you in jail for up to 180 days for as little as two ounces. [Source: Doug Murphy Law, 2022]

UTAH [PROHIBITED]

The only thing you can do in Utah is partake with the use of electronic smoking devices… and that’s only if you’re a medical marijuana patient and you’re doing so with a doctor’s recommendation. And you can’t even do that anywhere outside. [Source: Marijuana Policy Project, 2022]

VERMONT [PROHIBITED]

Recreational use laws are still pretty new so there are no consumption areas set up. You can use weed medically/recreationally on private property [with permission] only. [Source: Visit Vermont, 2022]

VIRGINIA [PROHIBITED]

Public consumption is not allowed. [Source: NBC, 2021]

WASHINGTON [PROHIBITED… ISH]

You can get fined if smoking anywhere outside because weed falls under the Clean Air Act. However, fines are low, so most users tend to risk it as long as they are out of public view. [Source: Green Theory, 2021]

WEST VIRGINIA [PROHIBITED]

And the fines are pretty strict, so don’t go flaunting rules in WV. [Source: Leafly, 2022]

WISCONSIN [NOPE]

See entry for Tennessee.

WYOMING [EXTRA NOPE]

See entry for Wisconsin.

WASHINGTON DC [PROHIBITED]

Careful in Washington DC — you can’t partake anywhere in public, but you also can’t possess a gram of weed anywhere on federal land [in parks and around federal buildings]. You also can’t smoke or vape if you live in public housing. [Source: ACLU, 2022]

 

Are you still partial to the sweet, sweet smell of vaped weed?

Our state-of-the-art vaporizers & vape pens ship to EVERY state – the OG Jams included!

Click Here to See Why OG Jams [& Its FREE Water Bubbler] is our #1 Bestseller!