NYS Budget Proposal: Marijuana Odor Could Trigger Probable Cause for Police Searches
Written by Site Hub on February 27, 2025
As part of Governor Kathy Hochul’s proposed budget, the odor of marijuana could be used as probable cause for police officers to search a vehicle or order a drug test if a driver is suspected of being under the influence.
Legal Concerns
Matt Winchell, an associate attorney at Tully Rinckey, warns that this policy could raise constitutional issues.
The rule would override a 2021 law that prevented marijuana odor from being used as probable cause after the Marijuana Regulation and Taxation Act (MRTA) was enacted.
The Office of Cannabis Management (OCM) acknowledges the need to combat drugged driving but emphasizes avoiding policies that disproportionately affect communities of color.
Potential Legal Challenges
Winchell argues that forcing a driver to take a drug test based solely on odor may violate constitutional rights.
Many drug tests detect marijuana use from up to 45 days prior, which does not necessarily indicate impairment while driving.
Next Steps
The final NYS budget is due on April 1, and it remains to be seen whether this provision will be included in the final version.
Source: Rochester First
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