1. United States
2. N.Y.
3. Letter

The governor's proposed budget provision to allow law enforcement to search vehicles based solely on the odor of cannabis is highly concerning. Removing the current ban would undermine important criminal justice reforms and open the door to discriminatory policing practices that have long disproportionately impacted communities of color. No one should be presumed a criminal and subjected to an intrusive search merely for the presence of an odor associated with a legal substance. This policy would violate civil liberties and enable pretextual searches, eroding hard-won progress on cannabis reform. Many individuals involved in New York's legal cannabis industry often have the odor of cannabis on their person or in their vehicles from their work. Permitting searches based solely on odor would treat them as suspects for simply doing their jobs in a legally regulated market. Moreover, remnant odors can linger long after any cannabis was last consumed or transported, providing a false pretext for searches that violate reasonable privacy expectations. Preserving the ban on odor-based searches is crucial for upholding civil rights and preventing the perpetuation of discriminatory enforcement practices that have devastated too many communities. I urge you to reject this misguided provision and maintain crucial constraints on overreaching searches to protect New Yorkers' freedoms and advance justice and equity in cannabis policy.