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

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

Key Facts

Prohibited conduct
Smoking or vaping cannabis on sidewalks/streets
Coverage area
Unincorporated Town of Huntington only
Excludes
Incorporated villages (own separate codes)
Civil penalty
$100 flat fine
Adopted
December 14, 2021, L.L. No. 67-2021
Penalty amended
July 15, 2025, L.L. No. 13-2025

Summary

Town Code § 173-22 bars smoking or vaping cannabis on any sidewalk or street in the unincorporated Town of Huntington, whether you're in a vehicle or on foot. The Town Board adopted the ban in December 2021 to keep pedestrians and property owners free of secondhand smoke and cut traffic hazards from impaired drivers. Violators face a $100 civil penalty.

No person shall smoke or vape cannabis on any sidewalks or streets, whether in a vehicle or otherwise, within the unincorporated area of the Town of Huntington. ... A violation of § 173-22 shall be punishable by a civil penalty of one-hundred ($100) dollars. Any person found by the Bureau of Administrative Adjudication to have violated § 173-22 shall likewise be subject to a monetary penalty of one-hundred ($100) dollars.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4940543; v75 updated 2026-06-09; through 06-09-2026).

Full Breakdown

Adopted December 14, 2021 by Local Law No. 67-2021 as Article V of Chapter 173, § 173-22 makes it unlawful to smoke or vape cannabis on any sidewalk or street in the Town, whether the person is on foot or inside a vehicle. The ban reaches only the unincorporated area of the Town of Huntington: the incorporated villages of Huntington Bay, Lloyd Harbor, Asharoken and Northport enforce their own codes and aren't covered by this section. Section 173-21 defines "cannabis" the same way state Cannabis Law does, covering the plant, its seeds, resin and derivative compounds, but excluding hemp, cannabinoid hemp, hemp extract and FDA-approved drug products.

"Smoke" means burning a cigar, cigarette, pipe or other matter containing cannabis; "vape" means using an electronic device, defined broadly to include any refill, cartridge or component, to inhale vapor or aerosol. The Town Board's stated purpose in § 173-20 is public health and safety: protecting pedestrians and property owners from secondhand exposure on the public right-of-way and heading off the traffic and safety hazards the Board says cannabis's intoxicating effects create for drivers and pedestrians near streets and sidewalks. The penalty was amended July 15, 2025 by Local Law No. 13-2025 to set a flat civil fine rather than the escalating criminal fine structure used elsewhere in Chapter 173.

Violations & Fines

A § 173-22 violation is a civil penalty of $100, set by the 2025 amendment to § 173-23. The Town's Bureau of Administrative Adjudication can impose the same $100 penalty administratively, without the escalating repeat-offense fine structure used for sidewalk-maintenance violations elsewhere in Chapter 173.

Frequently Asked Questions

Can I smoke marijuana on a Huntington sidewalk if I'm not driving?
No. Town Code § 173-22 bans smoking or vaping cannabis on any sidewalk or street in the unincorporated Town, regardless of whether you're on foot or in a vehicle. There's no exception for pedestrians; the ban covers the public right-of-way itself.
Does this cannabis sidewalk ban apply in the Village of Northport?
No. Section 173-22 only reaches the unincorporated area of the Town of Huntington. The incorporated villages within the Town, including Northport, Asharoken, Lloyd Harbor and Huntington Bay, are separate municipal governments that enforce their own local codes.
What's the fine for smoking cannabis on a Huntington street?
A flat $100 civil penalty under § 173-23, as amended in July 2025. The Town's Bureau of Administrative Adjudication can impose that same $100 penalty administratively, and there's no escalating fine for repeat offenses under this particular section.

Sources & Official References

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