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Buffalo, NY Public Conduct: Public Marijuana Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Governing law
N.Y. Penal Law § 222.10
Allowed
Where tobacco smoking is permitted
Banned
Clean Indoor Air Act sites
Penalty
Up to $25 or 20 hours service
Legal age
21 and older

Summary

In Buffalo, adults 21 and older can smoke or vape cannabis anywhere tobacco smoking is allowed, but not where the Clean Indoor Air Act bars it: parks, workplaces, restaurant patios, near schools, or in vehicles.

Unless otherwise authorized by law or regulation, no person shall: 1. smoke or vape cannabis in a location where smoking or vaping cannabis is prohibited pursuant to article thirteen-E of the public health law... violations of restrictions on cannabis use are subject to a civil penalty not exceeding twenty-five dollars or an amount of community service not exceeding twenty hours.

View official code

Full Breakdown

New York Penal Law § 222.10 controls where Buffalonians can light up. Adults 21+ can smoke or vape cannabis anywhere tobacco smoking is legal, but the statute bars it 'in a location where smoking or vaping cannabis is prohibited pursuant to article thirteen-E of the public health law': the Clean Indoor Air Act. That means no cannabis in bars, restaurant patios, workplaces, public transit, or on school grounds. A violation draws a civil penalty of up to $25 or up to 20 hours of community service. Smoking in a moving vehicle is a separate offense.

Violations & Fines

Smoking or vaping cannabis where tobacco is barred, indoors, on patios, at transit stops, or on school grounds, carries a civil penalty up to $25 or 20 hours community service.

Frequently Asked Questions

Can I smoke cannabis on a Buffalo sidewalk?
Yes. Where tobacco smoking is allowed on a public sidewalk, cannabis is too: except within 100 feet of a school or inside any Clean Indoor Air Act zone.
Can I smoke cannabis in a Buffalo public park?
No. State law bars cannabis smoking wherever tobacco smoking is prohibited, and the Clean Indoor Air Act covers public parks, recreation areas, and beaches.
What is the penalty for public cannabis use?
A civil penalty not exceeding $25, or community service not exceeding 20 hours, under Penal Law § 222.10. It is not a criminal charge.

Sources & Official References

Other rules in Buffalo

Aggressive PanhandlingSome RestrictionsPublic Alcohol UseSome RestrictionsOutdoor Smoking RestrictionsSome RestrictionsLoud Party OrdinanceSignificant RestrictionsNoise Ordinances: Vehicle NoiseSome RestrictionsNoise Ordinances: Decibel LimitsLight RestrictionsParking Rules: Towing & Impound RightsSignificant RestrictionsParking Rules: Preferential Parking DistrictsSome RestrictionsParking Rules: Driveway RulesSome RestrictionsFire Regulations: Propane StorageSome Restrictions

All Buffalo rules

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