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North Hempstead, NY Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Governing section
§ 57-13, Town Facilities, Article II
Cannabis defined as
included within Article II definition of smoking
Covered locations
Town docks, beaches, parks, DPW sites, Town Halls
Penalty
civil penalty not exceeding $25
Enacted
amendment adopted December 16, 2021

Summary

North Hempstead outlaws smoking or vaping cannabis anywhere on Town property under Town Code § 57-13. The 2021 amendment to Chapter 57 folded cannabis into the definition of 'smoking' specifically to stop involuntary exposure to cannabis smoke at Town beaches, docks, parks, DPW sites and Town Halls. Violators face a civil penalty capped at $25, enforced same as the tobacco and vaping ban.

§ 57-11. Legislative findings of intent. The Town Board of the Town of North Hempstead finds that it is in the best interest of the Town of North Hempstead to make amendments to Chapter 57 of the Town Code entitled "Town Facilities" in order to protect the public from involuntary exposure to tobacco and cannabis smoke and vapor on Town-owned property. ... SMOKING: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or any other lighted tobacco product, cannabis, or any other lighted substance intended for inhalation. ... § 57-13. Smoking and vaping prohibited. No person shall smoke or vape on Town property. § 57-14. Penalties for offenses. Any person who shall violate any of the provisions of this Article II shall be subject to a civil penalty not exceeding $25.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

North Hempstead's Town Board rewrote Chapter 57, 'Town Facilities,' in its entirety on December 16, 2021, adding Article II specifically to address cannabis alongside tobacco. ' Section 57-12 defines 'cannabis' broadly to cover the plant, its seeds, resin and every derivative, and folds cannabis directly into the definition of 'smoking': inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or any other lighted tobacco product, cannabis, or any other lighted substance intended for inhalation. The same chapter defines 'Town property' to include the Town dock, Town beaches and parks, Department of Public Works facilities and the Town Halls, along with all the surrounding driveways, parking areas and grounds.

Section 57-13 then applies flatly across all of that ground: no person shall smoke or vape on Town property. There is no exception carved out for cannabis specifically, and no permit or designated smoking area is authorized anywhere in the article. Section 57-14 sets the penalty for any violation of Article II, tobacco, vaping or cannabis alike, at a civil penalty not exceeding $25, a far lighter sanction than the criminal violations found elsewhere in Chapter 57's parking and vehicle provisions. Because the ban runs to all Town-owned or leased land, a person caught smoking a joint at a Town beach, dock, park or Town Hall parking lot is subject to the same $25 civil citation as someone smoking a cigarette in the same spot.

Violations & Fines

Smoking or vaping cannabis, tobacco or any other lighted substance anywhere on Town-owned or leased property, including Town docks, beaches, parks, DPW sites and Town Halls, violates § 57-13. Under § 57-14 the offense carries a civil penalty not exceeding $25 per violation, the same fine schedule that applies to tobacco and vaping violations under the same article. No warning period or designated-area exception is written into the law.

Frequently Asked Questions

Is smoking marijuana legal in North Hempstead parks?
No. Town Code § 57-13 bans smoking or vaping on all Town property, and § 57-12 defines 'smoking' to include cannabis specifically. That ban covers Town parks, beaches, docks, DPW sites and Town Halls, so lighting a joint in any of those locations violates the same provision that bans cigarette smoking there.
What is the penalty for violating the ban?
Section 57-14 caps the fine at a civil penalty not exceeding $25 per offense. That is markedly lower than the criminal violation penalties elsewhere in the Town Code, reflecting that Article II was written as a civil, not criminal, exposure-control measure.
Does the ban apply to vaping cannabis too?
Yes. Section 57-12 defines vaping as use of an electronic cigarette and separately defines smoking to include lighted cannabis; § 57-13 prohibits both smoking and vaping on Town property, so vape pens loaded with cannabis oil are covered along with joints and pipes.

Sources & Official References

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