Hempstead, NY Public Conduct: Public Marijuana Use (2026)
Key Facts
- Citation
- Hempstead Code § 78-3.5
- Adopted
- February 26, 2019 (L.L. No. 14-2019)
- Covers
- Town parks, park district parks, marinas, beaches
- Prohibits
- Smoking, consuming, displaying marijuana
- Max penalty
- $250 fine or 15 days jail
- Defense
- Lack of signage is no defense
Summary
Town of Hempstead Code § 78-3.5 makes it a violation to smoke, consume, display or carry marijuana or marijuana products in plain sight in any Town park, park district park, marina or beach, indoors or outdoors. Adopted February 26, 2019 under Local Law No. 14-2019, the ban targets consumption and display rather than mere possession, and offenders face a fine up to $250 or 15 days in jail.
C. Prohibition. It shall be a violation of this chapter for any person to smoke, consume, show, display, or carry in plain sight marijuana or marijuana products in any Town of Hempstead park or park district park, marina or beach, including indoor and outdoor locations. D. Signage. The Commissioner shall install prominent and conspicuous signage advising park, marina or beach patrons of the prohibitions of this section. Inadequacy of signage or lack of signage shall be no defense to a violation of this section.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
5, added by Local Law No. 14-2019, was to treat marijuana like open alcohol containers: the Board found that smoking, consuming or publicly displaying marijuana or marijuana products in Town parks, park district parks, marinas and beaches leads to drug use by minors, disorderly conduct, disturbance of the peace, littering and property destruction. Subsection C's operative prohibition covers smoking, consuming, showing, displaying, or carrying in plain sight marijuana or marijuana products, using the same definition of marijuana found in New York Public Health Law § 3302, covering all parts of the cannabis plant and its derivatives except mature stalks, sterilized seed and certain processed products.
The ban applies to both indoor and outdoor locations within the covered properties. Subsection D requires the Commissioner to post prominent signage warning patrons of the prohibition, but explicitly states that inadequate or missing signage is no defense to a citation. Subsection E limits enforcement to what is consistent with federal, state or other applicable law, an important caveat given that New York legalized adult-use cannabis possession and consumption statewide in 2021, after this local law was adopted; the Town ban is narrower, reaching only Town parks, park district parks, marinas and beaches rather than all public places in the town.
Violations & Fines
Violating § 78-3.5 is punishable under § 78-28(D)'s catch-all penalty: a fine of up to $250, imprisonment for up to 15 days, or both, for each offense, since the marijuana section carries no separate penalty schedule of its own. Each day a violation continues is a separate offense, and posted signage is not required for a citation to stand.
Frequently Asked Questions
Is marijuana use legal in New York now, and does that change this rule?
Does the sign need to be posted for me to get a ticket?
What is the fine for violating the marijuana rule in a Hempstead park?
Sources & Official References
Other rules in Hempstead
New York rules heatmap·Compare Hempstead to another location·View the New York public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.