Are you too high to drive? NY cannabis impairment laws explained

David Robinson, New York State Team
·2 min read

Authorities are urging motorists to learn more about the risks of driving high on marijuana as the number of cannabis dispensaries grows in New York.

To understand the dangers, New Yorkers could look to Colorado, which struggled with a surge in cannabis-impaired drivers after becoming the first state to allow legal weed sales in 2014.

Both New York and Colorado have launched outreach efforts to educate the public about the legal and public safety issues involved in using marijuana and driving.

How long should I wait to drive after getting high?

The Stop DWI memorial garden set up in front of the Ontario County Courthouse commemorates victims of someone driving under the influence of alcohol or drugs.
The Stop DWI memorial garden set up in front of the Ontario County Courthouse commemorates victims of someone driving under the influence of alcohol or drugs.

If you plan to consume cannabis, consider the following guidelines from the Colorado Department of Public Health and Environment, which says driving high doubles the risk of a crash:

  • Wait at least six hours after smoking marijuana containing less than 35 milligrams (mg) THC before driving, biking or performing other safety-sensitive activities.

  • If you’ve smoked more than 35 mg, you need to wait longer.

  • Wait at least eight hours after eating or drinking marijuana containing less than 18 mg THC before driving, biking or performing other safety-sensitive activities.

  • If you’ve consumed more than 18 mg, wait longer. If you have consumed alcohol as well, it’s crucial to wait even longer. Using cannabis and alcohol together enhances the effects of each, causing increased side effects.

New York's message on cannabis-impaired driving is simply: "If you feel different, you drive different." The Governor's Traffic Safety Committee also noted it may take up to two hours for the effects of cannabis edible to hit, which makes driving decisions all the more difficult.

Is there a legal limit for cannabis impairment while operating a vehicle?

Smoking cannabis in a vehicle in New York, even as a passenger, is illegal.
Smoking cannabis in a vehicle in New York, even as a passenger, is illegal.

Not in New York. No matter the level of consumption, law enforcement officers may base their determinations on observed impairment, the governor's committee noted.

If you are driving, can a passenger in your car smoke cannabis?

No. Smoking cannabis in a vehicle, even as a passenger, is illegal.

What are fines, penalties for drugged driving in NY?

Driving while ability impaired by a drug (DWAI) carries a mandatory fine of $500 to $1,000, and a maximum one-year jail term, as well as a mandatory driver's license revocation of at least six months, according to the state Department of Motor Vehicles. The fines, jail terms and license penalties increase with subsequent offenses.

This article originally appeared on Rockland/Westchester Journal News: Are you too high to drive? NY cannabis impairment laws explained