Busted for Weed Without Smoking? New York’s Shocking Traffic Stop Tactic Exposed!

March 19, 2025
|In Trending, Legislation & Politics, Future of Cannabis, Cannabis in the Media, News
|By Blunt

In a move that has sparked significant debate, Governor Kathy Hochul of New York has introduced a provision in her recent budget proposal aiming to amend the state’s Marihuana Regulation and Taxation Act (MRTA). This amendment seeks to empower law enforcement officers to use the smell of marijuana as probable cause to compel drivers to undergo drug testing, potentially altering the landscape of impaired driving enforcement in the state.

 Background: The Current Legal Framework 

Since the legalization of recreational cannabis in New York in March 2021, the MRTA has prohibited the use of marijuana odor as a basis for probable cause during traffic stops. This legislation was a significant step toward decriminalization, aiming to reduce racial disparities and prevent unjust searches and seizures. The existing law reflects a commitment to ensuring that cannabis legalization does not lead to discriminatory policing practices.

 Governor Hochul’s Proposed Amendment 

Governor Hochul’s budget proposal suggests modifying the MRTA to allow police officers to use the odor of cannabis as reasonable cause to:

  • Conduct Vehicle Searches: Officers could search vehicles if they detect the smell of marijuana, potentially uncovering additional illicit substances or evidence of other crimes.

  • Compel Drug Testing: Law enforcement could require drivers suspected of impairment to submit to court-ordered drug tests, such as blood tests, to determine levels of intoxication.

This proposed change aims to equip police with tools to address concerns about impaired driving, especially given the absence of standardized roadside tests for marijuana impairment.

 Opposition and Concerns 

The proposal has faced significant opposition from various quarters:

  • Office of Cannabis Management (OCM): Felicia A.B. Reid, the acting executive director of the OCM, expressed concerns that the amendment “undermines the basic tenets of the MRTA and decriminalization.” Reid fears that permitting the use of marijuana odor as probable cause could lead to practices that disproportionately affect Black and Latino communities, reminiscent of past enforcement strategies that contributed to systemic racial disparities.

  • Legislative Leaders: Assembly Majority Leader Crystal Peoples-Stokes, a key architect of the MRTA, voiced apprehensions that the proposed change might “re-criminalize the plant” and “move backwards on the intentions of the MRTA.” She emphasizes the importance of finding alternative solutions to address impaired driving without reverting to potentially discriminatory practices.

  • Legal Experts: Former Erie County District Attorney John Flynn noted that while the smell of marijuana could previously justify searches, the current proposal might lead to broader applications, potentially infringing on individuals’ rights. He highlights the need for clear guidelines to prevent misuse of such powers.

 Potential Implications 

If enacted, the amendment could have several far-reaching implications:

  • Impact on Cannabis Consumers: Individuals who legally consume marijuana might face increased scrutiny during traffic stops, raising concerns about privacy and personal freedoms.

  • Law Enforcement Practices: Police departments would need to implement training to ensure that the detection of marijuana odor is handled consistently and in compliance with legal standards, minimizing the risk of legal challenges.

  • Racial Equity Considerations: Given historical concerns about racial profiling, there is a heightened need for oversight to ensure that the new powers are not applied disproportionately to minority communities.