By Hank Russell
Assemblyman Keith Brown (R,C-Northport) is urging immediate action to curb marijuana-impaired driving across New York state. Brown, a lead sponsor of legislation that would authorize oral fluid testing for cannabis, said the state’s failure to establish roadside testing standards has left communities vulnerable and law enforcement officers without the tools they need to keep roads safe.
Brown cited a report from the Governor’s Highway Safety Association (GHSA), which found that more than half of people injured or killed in vehicle crashes nationwide tested positive for alcohol or drugs, most commonly cannabis. In New York, multiple high-profile tragedies have highlighted the deadly consequences of impaired driving.
According to the report, before the pandemic, 21% of drivers involved in crashes had tetrahydrocannabinol (THC) in their systems. During the pandemic, 33% of impaired drivers were under the influence of THC.
What the GHSA also found was that people had very different views of drunk driving and driving under the influence of cannabis. Based on a survey from the American Automobile Association (AAA) Foundation for Traffic Safety Traffic Safety Culture Index, while 95% of respondents believe driving after drinking enough to be over the legal limit is “very or extremely dangerous,” only 69% thought the same way about using cannabis an hour before driving.
In addition, the report cited the Insurance Institute for Highway Safety, which found that, since cannabis was legalized in California, Colorado, Nevada, Oregon and Washington, all six states saw a 6% increase in injury crash rates.
“Since marijuana legalization, we’ve seen a clear rise in impaired driving crashes and fatalities,” said Brown. “The state moved quickly to create a billion-dollar cannabis market, but it left out the most basic public safety safeguards. My bill would change that by giving law enforcement the ability to reliably test for impairment and remove dangerous drivers from our roads.”
Brown said his bill would implement oral fluid tests, a proven, accurate roadside tool that can detect the presence of cannabis in a driver’s system. Similar technology is already in use in states such as California and Michigan.
“We cannot wait for another tragedy to take action,” Brown said. “Our laws must evolve alongside the changing realities of substance use and public safety. Implementing oral fluid testing will help ensure that legalization does not come at the expense of innocent lives on New York’s roads.”
Brown’s bill has languished in the Transportation Committee for the past five months, where it is being held for consideration. In an op-ed that was published by Long Island Life & Politics, Assembly Minority Leader Will Barclay (R,C,I-Pulaski) blasted Albany Democrats for dragging their feet on this issue and playing politics.
“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,” Barclay said. “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.”
“Our roads and highways are becoming increasingly dangerous due to the unwillingness of Democrats to enforce laws that protect New Yorkers from drugged drivers,” added Assemblyman Daniel Norber (R.C-Great Neck), who is also a sponsor of the bill. “In addition to the many types of substance abuse in our state, Democrats decriminalized marijuana without any plan in place to help law enforcement identify when a driver is impaired and incapable of handling a motor vehicle. This law is extremely important to pass and is long overdue.”
Norber also introduced legislation that would amend the Vehicle & Traffic Law to establish an oral fluid task force to study and make recommendations on best practices for the testing of oral fluids to determine impairment due to drug intoxication while operating a motor vehicle in the state; replaces the word “saliva” with the term “oral fluid” and relates to the testing of oral fluids.
The bill has been referred to the Transportation Committee and has also been in committee since May.