New York Governor Pushes for Cannabis Odor as Evidence in Drugged Driving Cases

New York Governor Kathy Hochul wants to give police the authority to use the smell of cannabis as evidence of drugged driving. The proposal, included in her executive budget, is sparking fierce debate among lawmakers and industry leaders. While Hochul’s administration argues it’s about road safety, critics say it contradicts New York’s cannabis laws and could unfairly target legal workers in the industry.

Pushback from Lawmakers and Cannabis Advocates

Not everyone is on board with Hochul’s plan. Assembly Majority Leader Crystal Peoples-Stokes, a key architect of New York’s adult-use cannabis law, dismissed the proposal as “unnecessary.” She believes it undermines the state’s efforts to separate cannabis use from criminalization.

Felicia A.B. Reid, acting executive director of New York’s Office of Cannabis Management, echoed those concerns. She warned that allowing police to use cannabis odor as probable cause contradicts the very foundation of the state’s legalization and decriminalization efforts.

Kaelan Castetter, a policy advisor with the Empire Cannabis Manufacturers Alliance, took it a step further. He argued that the rule would “essentially criminalize working for the cannabis industry.” Given the plant’s strong and lingering scent, employees in cultivation and processing facilities would likely carry the odor home, even after changing clothes.

A Step Back from Legalization Gains?

New York’s legalization of recreational cannabis in 2021 was supposed to prevent law enforcement from using cannabis odor as an excuse for vehicle searches. The final version of the law explicitly removed it as a justification, a point that was hard-fought by lawmakers and advocates.

But Hochul’s plan appears to reintroduce the practice—at least for impaired driving investigations. Her administration insists it’s a necessary measure to keep roads safe while upholding the social equity goals of legalization.

One of the major concerns is enforcement. Unlike alcohol, which has clear legal limits for impairment, cannabis affects people differently, and there’s no universally accepted roadside test. Critics fear the rule would lead to subjective policing and racial disparities, with officers relying on their own judgment rather than concrete evidence.

Industry Concerns Over Workplace Impact

For those working in the cannabis industry, the policy could have unintended consequences. Workers in cultivation and processing facilities are surrounded by cannabis all day. Even with protective gear and decontamination efforts, the odor clings to clothing and skin.

• Employees could be at risk of wrongful traffic stops simply because they smell like their workplace.
• Small cannabis businesses may face hiring challenges if employees fear being profiled by police.
• Legal cannabis consumption could still be penalized if odor alone is considered proof of impairment.

Many in the industry see this as a regression. “Cannabis is pungent,” Castetter emphasized. “This rule ignores the reality of legal production.”

The Legislative Battle Ahead

The governor’s office insists it’s still in talks with lawmakers to refine the policy. Spokesperson Kassie White told reporters that the administration is working to “keep New Yorkers safe from drugged driving” while respecting legalization’s equity goals.

However, with strong opposition from legislators like Peoples-Stokes, the proposal faces an uphill battle. The cannabis industry, advocacy groups, and civil rights organizations are expected to push back, framing the issue as a matter of fairness and consistency in law enforcement.

For now, Hochul’s plan remains a proposal. But as budget negotiations move forward, the debate over whether cannabis odor should be evidence of impairment is far from over.