Last verified: April 2026
The Rule — 21 NYCRR § 1050.7
Title 21 of the New York Codes, Rules and Regulations § 1050.7 prohibits smoking on the entire MTA system. The rule covers every form of smoking and vaping, including cannabis. The system covered includes:
- Subway trains, platforms, stations, mezzanines
- Buses (city buses, express buses, MTA Bus, Roosevelt Island Tramway)
- Long Island Rail Road (LIRR) trains, stations, platforms
- Metro-North Railroad trains, stations, platforms
- Staten Island Railway trains, stations, platforms
- Access-A-Ride vehicles
NYPD Transit Bureau Enforcement
The NYPD Transit Bureau, with roughly 2,500 officers assigned, enforces against open consumption on subway trains, on platforms, in stations, and on buses. Violations can result in:
- A summons (most common)
- Ejection from the system
- In extreme or repeated cases, arrest
The cultural meme that cannabis is openly tolerated on the J/Z train, on certain late-night A trains, or on Brooklyn-bound L trains is a misreading of the legal posture. Officers do issue summonses, particularly on platforms (where they have a stationary observation point) and in stations.
Penn Station — Federal Jurisdiction Overlay
Pennsylvania Station is the busiest transit hub in the Western Hemisphere — LIRR, NJ Transit, Amtrak, and the 1, 2, 3, A, C, and E subway lines all converge. Crucially, Amtrak operates as a federal entity. Amtrak Police enforce federal cannabis prohibition in the Amtrak portion of the station, on Amtrak trains, and at Amtrak boarding platforms. The MTA portion of Penn Station is enforced by NYPD Transit; the Amtrak portion is enforced by Amtrak Police plus federal agents. Possession in the Amtrak portion is a federal violation.
Grand Central Terminal & Grand Central Madison
Grand Central Terminal is a Metro-North Railroad and MTA hub at 42nd Street and Park Avenue. Grand Central Madison (the LIRR connection that opened in 2023) sits beneath it, providing the LIRR’s east-side terminal. Both venues have heavy MTA Police presence; Grand Central is one of the more enforcement-active venues in the MTA system. Amtrak does not stop at Grand Central, so the federal-jurisdiction issue is narrower than at Penn.
Buses
NYC Transit bus drivers are MTA employees subject to federal Department of Transportation drug-testing rules under 49 CFR Part 40. Cannabis on a bus is prohibited; bus drivers cannot legally consume off-duty without losing their CDL clearance. Same applies to school-bus drivers, paratransit drivers, and tour-bus drivers serving the city.
Possession vs. Consumption on the MTA
An important distinction: possessing cannabis on the MTA (in a sealed container, in your bag, in your pocket) is not itself prohibited — the MRTA personal-possession floor of 3 oz / 24 g applies system-wide. Consuming — smoking, vaping, dabbing, or eating an edible openly — is what 21 NYCRR § 1050.7 prohibits. The distinction matters in practice: an officer who sees a closed pre-roll case in your bag has no enforcement basis; an officer who sees you smoke that pre-roll on the platform does.
Edibles and Tinctures
The smoking-and-vaping rule does not technically reach silent consumption (an edible eaten quietly, a tincture under the tongue) — but practical enforcement is inconsistent. An obvious cannabis edible (a clearly-labeled gummy package) consumed openly may draw officer attention, particularly near schools or in heavy-tourist stations. Most legal observers advise consuming edibles before boarding rather than during transit.
Non-MTA Transit — Ferries, the PATH
The Staten Island Ferry is operated by the NYC Department of Transportation, not the MTA, but is governed by the same anti-smoking rules. The NYC Ferry system (East River, Astoria, South Brooklyn, Soundview, Lower East Side, St. George, Rockaway routes) is operated by Hornblower under contract with NYCEDC and is non-smoking. The PATH train connecting Manhattan to NJ is operated by the Port Authority of NY & NJ — federal-employee territory under DOT rules; cannabis is prohibited.
The Liberty Island and Governors Island ferries are federal jurisdiction at the boarding points; do not bring cannabis. See Federal Land Warning.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org