Marijuana-impaired driving accidents are on the rise, and New York remains one of the most lenient states when it comes to recreational marijuana use. Since legalization under the 2021 Marijuana Regulation and Taxation Act, the rollout of cannabis has been plagued by mismanagement and misplaced priorities. Regrettably, too many lawmakers in Albany have shown more […]
Marijuana-impaired driving accidents are on the rise, and New York remains one of the most lenient states when it comes to recreational marijuana use. Since legalization under the 2021 Marijuana Regulation and Taxation Act, the rollout of cannabis has been plagued by mismanagement and misplaced priorities. Regrettably, too many lawmakers in Albany have shown more interest in political optics rather than sound policy and public safety.
According to the Governors Highway Safety Association, more than half of people injured or killed in crashes nationwide tested positive for alcohol or drugs — most commonly cannabis. Last summer, right here in New York, a 14-year-old girl was killed and a 16-year-old was injured by someone driving while impaired by marijuana. Sadly, there are other reports of similar senseless tragedies.
In the rush to legalize marijuana, New York State failed to pair that decision with accountability measures — no consistent roadside testing, no clear enforcement standards — leaving law enforcement with few tools to stop marijuana-impaired drivers. Furthermore, the New York State Department of Health found that 54 percent of New Yorkers use cannabis for non-medical reasons, and today’s marijuana has tripled in potency compared to the 1990s. As recreational use becomes more widespread, the state must confront the growing risks that come with it.
Members of the Assembly Minority Conference recognize the urgent need for improved safety and measures to identify impaired drivers. Assemblyman Keith Brown (R,C–Northport) has been at the forefront of this issue and among the legislators who have introduced legislation to address valid concerns related to recreational cannabis usage:
• A.5271 (Brown) — Implements oral fluid tests, which test a person’s saliva for the presence of cannabis.
• A.5699 (Giglio) — Relates to arrest, prosecution, sentencing, and penalties for offenses involving vehicular assault, manslaughter and homicide, and operating a vehicle under the influence of drugs or alcohol.
• A.8599 (Norber) — Establishes an oral fluid task force to study and make recommendations on best practices for the testing of oral fluid to determine impairment due to drug intoxication while operating a motor vehicle in the state.
• A.5974 (Reilly) — Classifies operating a motor vehicle while under the influence of drugs by an individual under the age of 21 as a per se offense.
Another tragedy does not have to take place. The evidence is clear, and the consequences are real. While New York’s rollout of recreational cannabis has been poorly managed and short-sighted, there is still time to act. The state must take immediate steps to strengthen its laws, raise public awareness, and protect innocent lives from the dangers of marijuana-impaired driving.
William (Will) A. Barclay, 56, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties.
Will Barclay
