Like many other states, New York has legalized marijuana for recreational purchase purposes. There are still some restrictions in place, such as the fact that only adults who are 21 or older are allowed to purchase or use marijuana recreationally. But marijuana is not strictly illegal and can be purchased at dispensaries.
Even though recreational use is legal, it is important for people to remember that it is still illegal to drive under the influence. Doing so could result in DUI charges. The government directly notes that neither drivers nor passengers should use cannabis or have open products in the vehicle.
In other words, if you get pulled over while under the influence of marijuana, you may argue that you are over 21 and that you purchased the products legally, but you could still face serious charges.
Additional driving restrictions
Another thing to remember is that you cannot cross state lines with marijuana in your possession. This is because it is still illegal federally.
If you are driving out of New York and into a neighboring state, or returning to New York, you could face significant charges if you are caught with these products in your vehicle. You may not end up being charged with a DUI if you were not actively under the influence at the time, but transporting these products across state lines is still illegal in its own right.
Legal defense options
Marijuana legalization has significantly changed the laws in New York and across much of the country, but there are still many marijuana-related violations that drivers need to be aware of, including DUI charges. If you are facing charges, you also need to know what legal defense options you have.