Hamilton, NJ Public Conduct: Public Marijuana Use (2026)

Chapter 153, Article II governs consumption and possession of cannabis. Section 153-3 prohibits any person from consuming, using, smoking, vaping, aerosolizing, imbibing or possessing in an open container any cannabis or medical cannabis product 'in or upon public or quasi-public place,' a term defined broadly to include streets, sidewalks, parks, playgrounds, parking lots, public libraries and any vehicle used for public transportation. Section 153-4 extends the same prohibition to any private vehicle while it is in motion or parked in a public or quasi-public place, closing off the obvious workaround of consuming in a parked car.

A. A. 2C:33-13, barring cannabis smoking, vaping or aerosolizing anywhere tobacco smoking is already banned by other law. Section 153-7 makes it a nuisance under Chapter 317 if a person consuming cannabis lets excessive odor or other pollution extend beyond their own premises, meaning even lawful private consumption can draw enforcement if it spreads to neighbors. Separately, Chapter 153 regulates licensed cannabis businesses: it caps permits at six Class 1 cultivators, six Class 2 manufacturers, one Class 3 wholesaler, one Class 4 distributor, three Class 5 retailers and one Class 6 delivery service (§ 153-11), and bars unregulated sale or gifting of cannabis as part of another purchase (§ 153-6).