In 2021, New York State legalized the recreational use of marijuana. Adults aged 21 and over are permitted to:
- Possess up to three ounces of cannabis or up to 24 grams of concentrated cannabis for personal use
- Smoke or vape cannabis in locations where tobacco smoking is allowed
However, despite legalization, driving under the influence of marijuana remains illegal in New York.
Is It Legal to Drive Under the Influence of Marijuana in New York?
No. Driving under the influence of marijuana is illegal in New York, even though the state permits its recreational and medical use. Marijuana remains a controlled substance under New York law, meaning that impaired driving from cannabis use is prohibited. In addition, both drivers and passengers are forbidden from consuming cannabis while operating a vehicle.
Even if a driver holds a medical marijuana prescription, they can still face charges for driving under the influence (DUI) if found impaired.
For individuals facing DUI charges in Westchester County or elsewhere in New York, penalties can include fines, license suspension, and possible imprisonment. It’s critical to seek legal advice in such cases to navigate the complexities of New York State DUI laws.
Can I Possess Cannabis While Driving?
Yes, if you’re over 21 and the amount does not exceed the state’s legal limits. However, when transporting cannabis, it must be secured and kept out of reach of both the driver and any passengers. It’s also illegal to transport cannabis across state or international borders.
How Does Marijuana Affect Driving?
Driving under the influence of marijuana can be just as dangerous as driving under the influence of alcohol. Marijuana use can impair a driver’s ability to operate a vehicle safely in several ways:
- Reduced coordination can make it difficult to steer or stay in a lane, and reduce your ability to react to road conditions.
- Altered perception of time and distance may cause a driver to misjudge their speed or the space between vehicles.
- Impaired cognitive function can delay decision-making and lead to dangerous driving errors.
- Decreased attention and concentration can result in distracted driving and difficulty maintaining focus.
- Increased drowsiness from certain cannabis strains can contribute to fatigued driving, which is extremely hazardous.
What to Do After Being Hit by a Driver Under the Influence of Marijuana
If you’ve been involved in an accident with a driver impaired by marijuana, taking the following steps can help protect your rights and safety:
- Report the accident immediately by contacting the authorities, and request medical attention if necessary.
- Avoid confronting the other driver, as marijuana impairment can lead to unpredictable behavior.
- Document the scene by taking photos and videos, collecting the other driver’s information, and gathering witness statements.
- Seek medical attention to ensure all injuries are properly evaluated.
- Consult with a qualified attorney, like those at The Law Offices of Norman Gershon, to hold the responsible party accountable.
Contact The Law Offices of Norman Gershon
Driving under the influence of marijuana is not only illegal but poses severe risks to everyone on the road. If you or a loved one has been injured by a driver impaired by marijuana, contact the Law Offices of Norman Gershon today for a free case evaluation. With over 35 years of trial experience and millions recovered for clients, our team is ready to fight for the compensation you deserve.
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