What?! I got a ticket for smoking marijuana in a parked car. Is that legal?

At the Law Office of Dusenberry & Dusenberry, we often get the question: Can the NYPD really give me a ticket for smoking marijuana in a car, even though it was parked?

Short answer: Yes. Even a passenger in a legally parked car can be given a ticket or a summons to appear in criminal court for smoking weed in a parked car.

Even though possession and consumption of certain amounts of marijuana are legal in New York, there are still limitations in place to protect New York City residents from being negatively impacted by those who consume marijuana.

Driving While High

Predictably, the government is balancing access to marijuana with public safety. For this reason, driving under the influence of marijuana is still illegal in New York. In fact, the law has committed resources to developing better technology to detect drugged drivers. Driving while high can land you in deep trouble both criminally and civilly, as below.

Criminal Consequences

In the criminal context, the most obvious way you can get in trouble for driving while high is by being hit with a DWI-drug charge, usually VTL 1192.4. New York defines two DWI offenses criminalizing driving while high on marijuana. They are driving while your ability is impaired by drugs and driving while your ability is impaired by either multiple drugs or drugs combined with alcohol.

If you are convicted of either of these misdemeanor offenses, you face fines, jail time, a suspended license, and a criminal record. Driving while high can also make you eligible for other serious criminal charges. For example, if you drive high, get in an accident, and cause another person’s death, you could be charged with felony vehicular manslaughter. A conviction could send you to jail for up to seven years.

The new law limits our search of a vehicle based on the smell of marijuana to areas a driver can easily reach. If you are pulled over, police officers have the right to inspect the vehicle upon suspicion of marijuana (odor, substance in plain view, and/or a smoking pipe). If marijuana is discovered it often escalates the investigation to determine if the operator is under the influence of drugs. It is the officer’s experience and training that will ultimately determine if the situation warrants an arrest – for driving under the influence or possession over the legal amount. More information on drug possession in New York can be found on our website here.

Civil Consequences

Driving while high can also land you in trouble in civil court. If you get into a car accident, the other driver can sue you civilly for compensation for their injuries. The outcomes of these lawsuits depend on how much each driver was to blame for causing the accident. If it is established in court that you were driving under the influence of marijuana, the court will be much more likely to think you were at fault, since you were driving while impaired. Depending on the severity of the injuries to the other party or parties involved it could lead you to be responsible to pay a significant amount of money.

The Marijuana Regulation and Taxation Act (Chapter 92 of the Laws of 2021) was chaptered into law on March 31, 2021. The Act legalized the adult-use of cannabis and established the Office of Cannabis Management to implement a comprehensive regulatory framework to cover medical, adult-use, and cannabinoid hemp programs.

Are there any changes to the rules of the road?

Under the new legislation, driving under the influence of cannabis is prohibited, just as it is today.

The law prohibits:

The possession or consumption of open containers of alcoholic beverages in a vehicle remains illegal. Vehicle and Traffic Law (VTL) § 1227 (1).

The burning of cannabis by anyone in a vehicle is also illegal under the open container law. VTL § 1227 (1).

Any driver or passenger engaged in a violation of the open container law will be charged with a traffic infraction.

In other words, even a passenger in the back seat of a car can be arrested or given a ticket for smoking marijuana in a car. It is illegal to smoke weed in a car, under any circumstances.

Please call 718-625-1777 for a FREE TELEPHONE CONSULTATION!

Matthew Dusenberry is a DWI, Criminal Defense and State and City Store License Defense Lawyer in Brooklyn, New York.

Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.

Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.

Web: Dusenberrylaw.com