Governor Kathy Hochul is looking to give police officers an extra tool to determine whether a driver is impaired by marijuana.
The way the law is currently written, police officers are prohibited from determining that a person is driving under the influence based on the smell of marijuana emanating from the car or person.
One of the issues with New York decriminalizing personal use of marijuana smoking is that there are not adequate systems in place for police to determine impairment by pot smoking as there are with alcohol-impaired driving. There is no ‘Breathalyzer’ for marijuana.
The Marijuana Regulation and Taxation Act (MRTA) prohibits using odor or the presence of cannabis in a vehicle to determine probable cause of a crime. This would be changed under Hochul’s proposal allowing officers to use the smell of marijuana to support a court-ordered blood test when they suspect a driver is marijuana-impaired.
The Suffolk County Police Department (SCPD) was contacted by The South Shore Press asking if they felt this change would give them an extra tool in traffic stops where suspected cannabis-impaired driving was an issue. They responded, “The SCPD doesn't comment on pending legislation.”
Police departments in other parts of the state enthusiastically support this change saying the revision in the law would allow officers to request a judge to sign a warrant for a blood test if the smell of marijuana leads them to believe a person is under its influence.
"Officers had to turn their noses off when it came to the smell of marijuana as well as the presence of it. Previously, if you saw marijuana in the vehicle, that would give you reasonable suspicion leading to probable cause to search a vehicle. Now the presence of it was basically had to be blinded by the police and did not allow any type of search of the vehicle or the person based on the odor or presence of marijuana in the vehicle," stated Rinaldo in an interview with WBEN radio out of Buffalo.
New York Office of Cannabis Management and some members of the NYS Legislature are challenging Hochul’s proposed changes arguing that it is not in line with the goal of decriminalization of personal marijuana use.
Assembly Majority Leader Crystal Peoples-Stokes, sponsor of the MRTA, is prepared to push back against any changes in the law.
Not surprisingly, cannabis growers are opposed to any changes to the law. “It’s completely against what the MRTA is supposed to represent,” said Joseph Calderone, co-founder and president of the Cannabis Farmers Alliance. “It’s supposed to be a change in the approach to justice when it comes to cannabis normalization.”
Neither Peoples-Stokes, nor cannabis growers propose any alternatives to make sure cannabis-impaired drivers can be dealt with by law enforcement.
“The Hochul administration is actively negotiating with the state Legislature to keep New Yorkers safe from drugged driving while maintaining the equity goals of the MRTA," said Kassie White, a spokesperson for the governor. "New York has built the most equitable adult-use cannabis market in the country and we will continue our work to make this sector a success.”