'Clardy Law' legislation cracks down on driving while high; named for trooper killed on Pike
WORCESTER — In an event held at the Worcester District Court Wednesday afternoon, Gov. Charlie Baker refiled legislation to fight driving while under the influence of marijuana and "equalize" alcohol and marijuana under the law under a new name.
The Trooper Thomas Clardy Law is named after a state trooper who was rear-ended while conducting a traffic stop of the Massachusetts Turnpike in 2016. Clardy, 44, of Hudson was an 11-year veteran of the State Police and a Marine Corps veteran.
Driver David Njuguna of Webster was accused of driving while under the influence of cannabis and was found to have THC, the psychoactive compound in marijuana, in his system. However, Njuguna was found not guilty of involuntary manslaughter while operating under the influence in 2019. Njuguna was found guilty of involuntary manslaughter, motor vehicle homicide by reckless operation, driving an uninsured motor vehicle and for driving to endanger.
The Baker-Polito administration initially filed this legislation in 2019, and the bill was based on the recommendations of a special commission of the Cannabis Control Commission to address impaired driving created by the 2017 legalization of the cultivation and sale of adult-use cannabis.
Some of the changes in the legislation include adopting implied consent laws to suspend the licenses of drivers who refuse to take a test for drugs, authorization for courts to take judicial notice that ingesting THC impairs drivers and prohibiting drivers from having loose or unsealed packages of marijuana in the driver's compartment.
The bill recognizes the effectiveness of the horizontal gaze nystagmus test as a check for sobriety.
The bill also includes provisions to develop educational materials and programming on drug impairment and direction to direct the Municipal Police Training Committee to expand training of drug recognition experts.
"This legislation is the product of the thoughtful process that was undertaken by that commission. It is long past time to implement the commission's recommendations," Baker said. "Adult-use marijuana was legalized here in Massachusetts five years ago this month, the special commission offered its recommendations almost three years ago and we first filed the bill shortly after that. Throughout that time the threat of impaired drivers is still with us."
Lt. Gov. Karyn Polito said the bill would help the state protect road users as the landscape evolves with adult-use cannabis.
"It's time to implement these common-sense recommendations which would avoid future tragedies here in our commonwealth."
Worcester County District Attorney Joseph D. Early Jr. said the bill will be a tool for prosecutors to use in seeking justice for families. He added that cannabis can impair motor skills and response time while driving, something that could be dangerous if a drive needs to make a split-second decision on a highway.
"Talking to families after a crash is one of the hardest things that we have to do in our jobs. Talking to them while they're in pain is the hardest part of our jobs and I'm sure the State Police and the police will tell you as well, just talking to people in pain," Early said.
Clardy's widow, Reisa Clardy, and four of his six children were in attendance Wednesday.
"Our lives forever changed on that day, our six children lost their hero, a man who had a love for his family and an unquenchable love for life," Reisa Clardy said. "My husband had a big heart and was filled with life and joy."
This article originally appeared on Telegram & Gazette: State Trooper Thomas Clardy legislation driving while high Worcester
