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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Added
12-4-2023 by L.L. No. 4-2023
Town buildings
No smoking/vaping, no exception
Buffer outside buildings
30 feet
Town parks/playgrounds
Fully tobacco- and marijuana-free
Maximum fine
$250
Maximum jail term
15 days

Summary

The Town of Clay bans marijuana and tobacco smoking, vaping and use inside every Town building, within 30 feet of a Town building outside a park, and throughout every Town-owned park, playground and recreation area under Town Code § 163-6O, added by Local Law No. 4-2023.

O. Smoking: Smoke- and vaping-free zones. ... Tobacco or marijuana smoking and/or vaping and tobacco or marijuana use shall be prohibited in all Town-owned buildings owned, leased, used, operated, or maintained by the Town of Clay or any department of the Town of Clay (hereinafter "Town building"), without exception. ... Tobacco or marijuana smoking (or vaping) and tobacco or marijuana use in any form shall also be prohibited within 30 feet of any Town building not located in a park, recreation area or playground. ... Tobacco or marijuana smoking (and vaping) and tobacco or marijuana use of any type shall be prohibited in all Town-owned parks, playgrounds, and recreation areas. ... The Town Board further determines and declares that all Town -owned parks, recreation areas and playgrounds shall be designated as tobacco-free and marijuana-free zones.

Full Breakdown

Town Code § 163-6O, added 12-4-2023 by Local Law No. 4-2023, creates smoke- and vaping-free zones covering both tobacco and marijuana. Inside any building owned, leased, used, operated or maintained by the Town of Clay or one of its departments, smoking, vaping and use of marijuana or tobacco is barred without exception. Outside a Town building that is not in a park, recreation area or playground, the same ban extends 30 feet from the building. Inside every Town-owned park, playground and recreation area, marijuana and tobacco smoking, vaping and use of any type is prohibited outright, and the Town Board declares those parks, playgrounds and recreation areas to be tobacco-free and marijuana-free zones.

The section sits in Chapter 163, Parks and Recreation, alongside the town's other park-conduct rules, and is enforced the same way: § 163-15 authorizes the prevailing law enforcement agency, park rangers, or any other authorized peace officer to act, and § 163-13 lets them issue an appearance ticket under Article 150 of the Criminal Procedure Law. Conviction of any Chapter 163 violation, including this one, is punishable under § 163-16 by a fine not exceeding $250, imprisonment not exceeding 15 days, or both.

Violations & Fines

Smoking or vaping marijuana or tobacco inside a Town of Clay building, within 30 feet of one outside a park, or anywhere in a Town park, playground or recreation area violates § 163-6O. Park rangers and the prevailing law enforcement agency enforce it under § 163-15; conviction carries the Chapter 163 penalty of up to $250, up to 15 days in jail, or both, under § 163-16.

Frequently Asked Questions

Can I smoke marijuana in a Clay town park?
No. Section 163-6O, added by Local Law No. 4-2023, prohibits marijuana and tobacco smoking, vaping and use of any kind in every Town-owned park, playground and recreation area in Clay, without exception, alongside every other Town building.
How close to a Town of Clay building can I vape marijuana?
You cannot. Marijuana and tobacco smoking or vaping is banned inside every Town building and within 30 feet of any Town building that is not located in a park, recreation area or playground, under § 163-6O(2).
What is the penalty for violating Clay's smoke-free zone law?
Chapter 163's general penalty applies: a violation is punishable by a fine of up to $250, imprisonment of up to 15 days, or both, under § 163-16. Town park rangers and the prevailing law enforcement agency can issue appearance tickets under § 163-15.

Sources & Official References

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