Governor Kathy Hochul has introduced a proposal to reintroduce the smell of cannabis as a factor in determining reasonable cause for ordering blood tests in impaired driving cases.
New York Governor Catchy Hochul (photo credit: Dia Dipasupil/Getty Images).
New York’s recreational marijuana law, signed in 2021, explicitly barred police from using the odor of marijuana as justification for a traffic stop or vehicle search. Hochul’s proposal would amend that provision to allow law enforcement to cite “the odor of cannabis, burnt cannabis or other drug” as a reason to compel a court-ordered blood test if a driver is suspected of being impaired or involved in a crash.
Assembly Majority Leader Crystal Peoples-Stokes, one of the sponsors of the state’s law that legalized recreational marijuana, opposes the proposal, saying it could “re-criminalize the plant while also moving backwards on the intentions of the [legalization law].” She emphasized that addressing impaired driving should not come at the expense of civil liberties or the progress made in ending the criminalization of marijuana.
The New York State Office of Cannabis Management, which oversees the state’s legal marijuana market, also opposes the proposal.
New York’s marijuana market has grown steadily since legalization, with over 300 licensed retailers and a rapidly expanding consumer base. Despite early regulatory challenges, the state recently reported over $1 billion in licensed sales.
Former Erie County District Attorney turned partner at Lippes-Mathias John Flynn says “What the Governor is proposing now is going back now basically going back to the original rule and it’d be huge”.
The proposal is expected to be a key issue in upcoming budget negotiations.
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