New York Governor’s Proposal to Allow Police to Use Marijuana Odor as Reasonable Cause for Searches Sparks Outrage
New York Governor Kathy Hochul’s proposal to amend the state’s Marihuana Regulation and Tax Act (MRTA) has drawn criticism from advocates and lawmakers alike. The plan would allow police to use the odor of marijuana as “reasonable cause” to search a vehicle and force a driver to take a drug test.
Felicia A.B. Reid, the acting executive director of the Office of Cannabis Management (OCM), has spoken out against the proposal, stating that it “undermines the basic tenets of the MRTA and decriminalization.” Reid, who was appointed by Hochul, believes that the plan would disproportionately affect Black and Latino drivers.
Karen O’Keefe, director of state policies at the Marijuana Policy Project, has also expressed concerns about the proposal. She notes that while New York decriminalized cannabis in 1977, police in the state have historically targeted Black and Latino individuals for marijuana-related offenses. O’Keefe warns that the proposal would “turn back the clock and open the door on intrusive and racially discriminatory enforcement.”
The proposal has also drawn criticism from Assembly Majority Leader Crystal Peoples-Stokes, who authored the state bill legalizing marijuana. Peoples-Stokes has stated that she is opposed to the change and believes that it would undermine the state’s efforts to promote cannabis reform.
The use of marijuana odor as a basis for searches has been the subject of controversy in other states as well. In Illinois, the state Supreme Court has ruled that the smell of raw cannabis alone is sufficient reason for police to search a vehicle. In Minnesota, the state Supreme Court has ruled that the smell of marijuana alone is not sufficient cause to establish probable cause.
Several other states have imposed restrictions on the use of marijuana odor as a basis for searches. For example, Maryland has a law that prohibits warrantless vehicle searches based on marijuana odor alone. New Jersey’s Supreme Court has also upheld similar rules in a recent case.
The proposal is part of Hochul’s budget legislation for transportation, economic development, and environmental conservation. It is unclear whether the proposal will ultimately be included in the budget or what the implications would be for drivers in New York.
