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Smoking Marijuana and Driving

July 18, 2025

Daniel Rodgers marijuana lawyer suffolk county ny

By Daniel G. Rodgers, Esq.

It is illegal to smoke or vape marijuana in a vehicle while driving in Suffolk County, New York. Driving while impaired by marijuana is also illegal.
Important factors:
Open container laws: New York State law prohibits the consumption of cannabis by drivers and passengers in vehicles, similar to open container laws for alcohol. Cannabis must be stored in a closed container, like a trunk or glovebox, not in the passenger area.
Driving while impaired: Driving under the influence of cannabis is prohibited, regardless of whether it's for recreational or medicinal use.
Impairment standard: There's no specific legal limit for THC impairment (like a BAC for alcohol). Law enforcement officers base their determination on observed impairment.
Penalties: Penalties for driving under the influence of marijuana include fines, license suspension, and possible jail time, according to the Governor's Traffic Safety Committee (.gov).
Medical marijuana: Even certified medical cannabis patients are subject to the same impaired driving laws and can be arrested for driving under the influence.
In summary, while recreational cannabis use is legal in New York for adults 21 and older, driving while using or under the influence of it is not.
You should gain the advice and guidance of an experienced criminal lawyer in Suffolk County who knows how to defend driving while impaired by marijuana cases in Suffolk County.

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