NY May Once Again Allow Police To Search Cars Over Cannabis Smell

According to Arja Shah Law Firm PLLC, law enforcement in New York State currently can not search a vehicle simply because of the smell of marijuana. The firm goes on to say that authorities must have probable cause to search the vehicle, such as "witnessing the driver or passengers in possession of marijuana, before conducting a search."

This all goes back to March 2021, when New York's Marihuana Regulation and Taxation Act was signed into law. However, New York Governor Kathy Hochul has proposed changing some of the state's recreational cannabis legislation, according to WGRZ.

Could law enforcement regain at least some ability to use the smell of weed to determine probable cause during traffic stops?

New York State May Once Again Allow Police To Search Cars Over Cannabis Smell in Some Situations

It's one small bit of wording, though it could go a long way. WGRZ reports that Governor Kathy Hochul is proposing adding back an old line to New York's current cannabis law. The change is part of the Governor's Hochul’s budget legislation for transportation, economic development and environmental conservation, says Marijuana Moment.

WGRZ says that the change would bring back the line: "the odor of cannabis, burnt cannabis or other drug" which would give police reasonable cause to search a vehicle, or make a driver submit to a court-ordered blood test to determine if they're driving while impaired.

This would especially be relevant when a crash or person-injury accident were involved, reports WNYT. As of now, there is no roadside test that detects marijuana, according to WGRZ.

Some support the move, saying that law enforcement hasn't been able to fully approach and combat the problem of driving while high without using their sense of smell. Former Erie County DA John Flynn says the searches could help police find other evidence of other crimes.

Others, such as Assembly Majority Leader Crystal Peoples-Stokes, told WGRZ that the change could recriminalize marijuana, while also "moving backwards on the intentions of the MRTA".

Marijuana Moment reports that Karen O’Keefe, who is the Marijuana Policy Project’s director of state policies, worries the change could be an issue for people who work in the legal marijuana industry, writing in an email that “people who work in cannabis cultivation and processing often smell like cannabis when they get off work.”