Here in the state of New York, it's illegal to smoke weed while driving. No worries! Here at DuBois Law, we are here to defend you if you need an attorney for driving under the influence of weed. We specialize as DUI attorneys within defending crimes like this, which has become illegal in the last few years. This blog will take you through several reasons why you can get pulled over for smoking weed and how we can defend you.

The Law and What People Forget About It

Some people might not be able to distinguish what some of the laws around cannabis mean and in what circumstances the legality of it all is meant for. The Marihuana Regulation and Taxation Act (MRTA) was signed into law on March 31, 2021, which legalized adult-use cannabis in New York State for individuals 21 years old and older. You can use it and smoke it in regular conditions, but you just can't do it while driving. 

The Cans and Cants of Using Cannabis As a Driver

Now… just because it is illegal to drive while using it doesn't necessarily mean you can't possess it while driving. That's where the CANS of this blog section come in. Possession and concealment are the legal ways of using it. Only three ounces of cannabis flower or 24 grams of cannabis concentrate are allowed, and you must keep it concealed and away from pets and people under the age of 21. If anyone in that description is caught using it or suffering a medical issue from using it, you will be in trouble regardless of whether you did the right thing originally to conceal it.

The CANTS are fairly straightforward; if you drive while under the influence of it, you will be charged with a DUI. You'll be charged if you use it on federal lands or property, and you cannot bring it across the border to Canada. The possession rule of the CANS does not apply in that instance. All rules of the CANS and CANTS apply to being pulled over or stopped at the border for customs inspections. Police officers can initiate a traffic stop if they have reasonable suspicion that you have it inside your car. Many things can tick them off to believing you have it, which is why it's always good to follow your regular driving rules too.

Other Misunderstood Aspects of the Law

There are many frequently asked questions that come with other misunderstandings of the laws behind driving while using cannabis that people should know. These are official questions from the main Governor's Traffic Safety Committee: 

Is it legal to have open cannabis and/or cannabis-related paraphernalia in the passenger cabin of the vehicle? - No, it must be stored in a closed container like the trunk or a locked glovebox. Even if concealed, it can't remain open.

If I am driving, can a passenger in my car smoke cannabis? - No, even smoking cannabis in a vehicle, as a passenger, is illegal, especially since in some cases that could also act as the driver doing it too if the smoke spreads all around the car.

I'm a certified patient in the Medical Cannabis Program. Can I still be arrested for driving impaired? - Yes, even as a Medical Cannabis Program member, you are subject to the same impaired driving laws.

The Criminal Defenses that DuBois Law Provides

On our website, under the DUI/ DWI Defense section, we run through some of the criminal defenses that we specialize in for when you are charged with a DUI/DWAI, in the case of if you smoke while driving. 

We challenge and defend against chemical test cases where even though you're lawfully required to take one, we can challenge the results if they put you in an unfavorable case for being found guilty. 

The validity of the stop in question, when someone gets pulled over, can also come under defense from us if we believe there's substantial evidence to prove that the stop was not made with probable cause.

The validity of field sobriety tests is also another instance of push back that a skilled attorney can work their way around with a defense. Can you refuse a field sobriety test in New York State? Yes, and these tests are not accurate and have no scientific merit, which allows a prosecutor to form the basis of a good prosecution against you, but if you have a good attorney, then there's a chance that the charges will be dropped.

No matter what, we understand, we never judge. If you're charged with a crime, don't go cheap on a good attorney because the difference between a public defender and a quality attorney can make a significant impact on your punishment and case result. 

If you or anyone you know finds themselves in a situation that revolves around cases like this of driving under the influence of cannabis consumption, contact us with immediate questions. We are here to help!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.