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With no conclusive marijuana road test, challenges could come proving you were impaired

April 2, 2021

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SYRACUSE, N.Y. — New York has joined a growing list of states who are making recreational marijuana legal.

As New York Governor Andrew Cuomo signed a bill making recreational marijuana legal, district attorneys and many in law enforcement have pushed back on the plan since there is still no conclusive test officers can do on the side of the road when they pull someone over and suspect them of being high.

“It’s still gonna be tough regardless of whether marijuana is legal or not for it to prove that someone is impaired,” says Derrick Hogan, attorney at Tully Rinckey.

Hogan says since you can’t get the same test as you would with alcohol, it will help marijuana defendants in a sense, but there are other factors.

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