New York has been a hotbed of cannabis news over the last few years. The world watched excitedly as the first recreational shops opened, and fabulous events began making waves in the big city. Meanwhile, on the law enforcement side, the government has been actively working to remove unlicensed stores from the streets.
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The most recent cannabis news from the Empire State is less progressive, in fact, some may argue it takes policing back in time. Governor Kathy Hochul announced the proposed 2025-26 budget in January and it included a change to cannabis DUI protocol.
If approved unamended, the new budget proposal would make the smell of weed probable cause for a blood test to confirm or deny that the person was driving under the influence of weed. This has raised concerns for multiple reasons. Police have historically used the smell of cannabis as probable cause to disproportionately search and arrest people of color for generations.
Officials added this to the proposal to cut back on drugged driving. However, its critics are concerned that law enforcement officers will take liberties with the new probable cause stipulations, backsliding in terms of racial disparities in law enforcement stops. This goes against the Marijuana Regulation and Taxation Act (MRTA), which was designed in part to end cannabis criminalization.
The Office of Cannabis Management (OCM) is committed to upholding this and the creation of an equitable regulated space. OCM is looking forward to shaping the budget to meet both ends, they said in a statement sent to GreenState.
“New York has taken significant steps to move away from outdated enforcement practices that disproportionately harmed communities of color, and we are working to make sure we can combat drugged driving without undermining this progress,” the OCM statement reads.
This goal aligns with the governor’s office, according to a statement sent by spokesperson Kassie White.
“Governor Hochul is working with the State Legislature to ensure the equity goals of the MRTA remain while protecting New Yorkers from drugged driving across the state,” White said.
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Before it is approved, the budget proposal must go through negotiations in the State Legislature. Non-government stakeholders like nonprofits, regional chambers of commerce, union leaders, community boards, and other citizen groups can provide input on the matter during this time.
The New York fiscal year runs from April 1st to March 31st. Budget processes begin yearly in January when the governor delivers a budget address. Legislative chambers presented their versions in February, and by March 31st, a final budget is due. Stakeholders have the opportunity to speak up in the meantime, and the OCM is hoping they do by attending hearings, writing to the state, or contacting lawmakers.
“We look forward to working with stakeholders throughout the budget process to ensure that cannabis policy in New York continues to reflect the law’s commitment to fairness, public safety, and justice,” the OCM spokesperson concluded.
