New York Gov. Hochul Scurries To Figure Out Cannabis DUI Detection As Weed Sales Loom

Before retail licenses to sell marijuana continue to be issued in the state, Gov. Kathy Hochul's administration is trying to develop a way to measure when motorists are driving while under the influence (DUI) of cannabis. There is no current standard or valid test yet.

In seeking solutions to detect motorists driving high on marijuana, state Department of Health officials said: “With the legalization of adult-use cannabis, there are concerns of increased incidences of driving while impaired after cannabis use.” 

The Dept. is also looking for the latest academic research related to cannabis testing. “Identifying drivers impaired by cannabis use is of critical importance (...) However, unlike alcohol, there are currently no evidence-based methods to detect cannabis-impaired driving.”

Health officials seeking to ascertain if weed intoxication can be linked to car crashes.

What Does Data Say?

A recent study, conducted by the Insurance Institute for Highway Safety, found that in states with legal marijuana, the rate of car crashes with injuries spiked by nearly 6%, and fatal crashes jumped by 4%. Researchers found there was no increase in crashes in states without legal marijuana. They compared five states with legal cannabis - Colorado, Washington, Oregon, California, and Nevada with states without legal marijuana - Arizona, Idaho, Montana, New Mexico, Utah, and Wyoming.

Alcohol Mixed With Cannabis: Not A Good Idea

A separate survey found "a third of drivers who drink alcohol and use marijuana at the same time report getting behind the wheel of a car within two hours of consumption — a worrisome finding since there’s evidence the alcohol and pot combo worsens driving performance more than either substance by itself," said Institute for Highway Safety president David Harkey.

"Cannabis remains in a person’s system longer than alcohol, making it harder to link usage to DWI," officials said. Moreover, the marijuana law required DOH to issue a proposal to investigate ways to validly test for cannabis intoxication.

First, Safe Roadways, Then Recreational Marijuana Sales

“This is reckless. We needed to solve the DWI problems before we legalized cannabis,” said Patrick Phelan, executive director of the New York State Association of Chiefs of Police.

The association president Anthony Jordan, from the upstate Washington County DA, said: “Research into ways to keep our roadways safe and enforce New York State’s drugged driving laws related to marijuana should have begun in an earnest way before the start of recreational sales. In the meantime, there will be more marijuana-impaired motorists on our roads.”

Nassau County DA Anne Donnelly said "legal marijuana has already become a traffic safety problem. Everywhere you go – on highways or side streets – the smell of marijuana coming from a moving vehicle is commonplace,” Donnelly said.

Measures Taken By Gov. Hochul

Hochul’s traffic safety committee, which includes the DMV, health services dept. and state police all insist they're beefing up observational training and enforcement for DWI as legalization looms.

“Driving under the influence of cannabis remains illegal, and the Governor’s Traffic Safety Committee (GTSC) is committed to ensuring safety on our roadways. GTSC regularly trains officers to become Drug Recognition Experts (...) So that they can observe and document signs and indicators of impairment within each of seven drug categories including cannabis,” traffic committee spokesman Walter McClure said in a statement.

Image by El Planteo