NYPD prohibits vehicle searches based solely on the smell of marijuana

Officials in New York City are no longer able to conduct vehicle searches due to the smell of conduct marijuana alone.

The order has been outlined in a new one NYPD Memo describing the state’s new laws regarding the sale, possession, and use of cannabis by adults 21 and older. “With immediate effect, the smell of marijuana alone is no longer a likely cause of a criminal search of a vehicle,” the memo said. “This change applies to both burned and unburned marijuana.”

According to the four-page memo received from CNN, officials are allowed to search vehicles if the driver appears to be under the influence of marijuana and “there is likely reason to believe that the vehicle contains evidence of the offending substance”. Such evidence could include the smell of burned cannabis or if the driver admits using marijuana before getting behind the wheel. “However, the trunk cannot be searched unless the officer develops a separate probable reason to believe that the trunk contains evidence of a crime,” the memo said.

The memo goes on to suggest that anyone of legal age can use marijuana “almost anywhere cigarette smoking is permitted, including on sidewalks, entrance stairs and other public places”; As a result, officers cannot approach, stop, arrest, or search a person just for smoking weed in those areas. The memo notes that street selling of cannabis is still against the law, but an officer who sees a direct exchange of 3 ounces or less of marijuana cannot arrest or issue a subpoena – that is, unless , he will also witness a money swap.

These sweeping changes were announced just a day after Governor Andrew Cuomo signed a recreational marijuana legalization bill in New York, making it the 16th state to do so.

“This is a historic day in New York – one that will redress the injustices of the past by ending harsh prison sentences, embracing an industry that boosts the Empire State economy, and prioritizing marginalized communities with those who have suffered the most are the most affected. “Be the first to reap the benefits”, Cuomo said in a statement.