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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Substances covered
Marijuana and cannabis, named in the § 302-2 definition
Where banned
Township property, buildings, parks, schools and Township vehicles
First offense
Fine of not less than $250
Second offense
$500
Third and later offenses
$1,000 each
Enforced by
Howell Township Police Department

Summary

Howell Township Code Chapter 302 defines smoking to include marijuana and cannabis, then bans smoking on all Township-owned property and in every municipal building and Township facility, indoors and outdoors. A first offense carries a fine of not less than $250, and the Howell Township Police Department enforces the ban.

SMOKE or SMOKING Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, nicotine, or plant product intended for inhalation, including hookah, marijuana, or cannabis, whether natural or synthetic. Smoking also includes the use of an electronic smoking device. ... § 302-4. Prohibition of smoking on and in public properties; signs. A. Smoking shall be prohibited on all municipally owned property and in all municipal building and Township facilities, both indoors and outdoors, including but not limited to Town Hall, Police Headquarters, the Community/Senior Center, Community Resource and Services, the Department of Public Works, and in any other municipal building or facility owned and operated by the Township.

Full Breakdown

The definition does the work. Under § 302-2, SMOKE or SMOKING means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, nicotine, or plant product intended for inhalation, including hookah, marijuana, or cannabis, whether natural or synthetic. Use of an electronic smoking device counts as smoking too. Because the Township Council folded marijuana into that definition in Ordinance No. 23-8, adopted 4-4-2023, every smoking prohibition in the chapter applies to a joint the same way it applies to a cigarette.

The prohibitions are in § 302-4. Subsection A covers all municipally owned property and all municipal buildings and Township facilities, both indoors and outdoors, and names Town Hall, Police Headquarters, the Community/Senior Center, Community Resource and Services and the Department of Public Works. Subsection B adds public parks and recreation facilities, athletic fields, playgrounds and pool facilities, including adjacent parking areas, driveways, drive aisles and walkways. Subsection C extends the ban to public schools and their recreation facilities, and subsection D bans smoking in any vehicle registered, owned and operated by the Township.

Signs are mandatory. "No smoking" signs or the international no-smoking symbol must be posted at the entrance to each facility, must be clearly visible to the public, must state that violators are subject to a fine, and must be written in English and Spanish. The chapter's text is limited to the places § 302-4 names. It prints no rule for a public street, a sidewalk or a private yard, so this page covers only the Township property, facility and school settings in that section.

Violations & Fines

Under § 302-5, a violation draws a fine of not less than $250 for a first offense, $500 for a second offense and $1,000 for a third and each subsequent offense. For a first offense the court has discretion to let the offender complete an eight-week cessation program run by the RWJ Barnabas Health Institute for Prevention and Recovery, or an equivalent certified program, and then suspend the fine on presentation of a completion certificate to the Township Municipal Court. Section 302-6 gives enforcement to the Howell Township Police Department.

Frequently Asked Questions

Can I smoke marijuana in a Howell Township park?
No. Section 302-4(B) prohibits smoking in all public parks and recreation facilities, athletic fields, playgrounds and pool facilities owned and operated by the Township, and the § 302-2 definition of smoking names marijuana and cannabis. The ban also covers adjacent parking areas, driveways, drive aisles and walkways.
Can the fine for smoking marijuana on Township property be avoided?
For a first offense only, and only at the court's discretion. Section 302-5 lets the court permit an offender to complete an eight-week smoking or nicotine cessation program, such as the RWJ Barnabas Health Institute for Prevention and Recovery program, and then suspend the fine once a completion certificate reaches the Township Municipal Court.
Does the ban cover outdoor areas at Town Hall and Police Headquarters?
Yes. Section 302-4(A) applies to all municipally owned property and all municipal buildings and Township facilities, both indoors and outdoors, and lists Town Hall, Police Headquarters, the Community/Senior Center and the Department of Public Works among them. Entrance signs in English and Spanish must announce the ban.
Does Chapter 302 ban marijuana smoking on Howell Township sidewalks or in private homes?
The chapter prints no such rule. Its prohibitions in § 302-4 are tied to Township-owned property, municipal buildings and facilities, parks and recreation areas, public schools and Township vehicles. Anything beyond those settings falls outside the provision quoted on this page.

Sources & Official References

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