NYPD memo tells cops they can't search cars over marijuana smell alone

Police officers in New York City are no longer allowed to search a vehicle simply because there is a smell of marijuana coming from it, now that the state has legalized the recreational use of the drug.

The NYPD on Wednesday circulated an internal memo to all of its commands, explaining the new laws governing the possession, sale and use of marijuana, and laying out ‘the sweeping changes to the department’s enforcement of marihuana [sic]’.

The memo was sent after Governor Andrew Cuomo signed a bill legalizing recreational marijuana into law, making New York the 16th state in the US to do so.

After the legalization of recreational marijuana in New York, police can no longer search a vehicle simply because there is a smell of marijuana coming from it (file photo)

Under the new laws, adults cannot be criminally charged for smoking marijuana in the street. Pictured: Eliana Miss Illi, general manager of Weed World in Midtown Manhattan, smokes a joint on Wednesday 

People aged 21 and over can legally possess up to 3 ounces of pot outside of the home, and also grow up to three mature cannabis plants in their home 

New Yorkers aged 21 and over can now legally possess up to three ounces of marijuana outside of the home and purchase cannabis from authorized retailers.

Adults also can legally have up to 5lbs pounds of marijuana in their home as well as grow up to three mature and three immature cannabis plants in their home. 

‘Effective immediately, the smell of marihuana [sic] alone no longer establishes probable cause of a crime to search a vehicle,’ the police memo states. ‘This change applies to both burnt and unburnt marijuana [sic].’ 

Smoking marijuana while driving is still illegal, as is operating a vehicle while high. 

If an officer smells burnt marijuana from the car, it can be considered probable cause to search the passenger compartment, but not the trunk. 

Police can only search the trunk if they develop ‘separate probable cause’ to believe there is evidence of a crime inside.  

Governor Andrew Cuomo signed a bill legalizing recreational marijuana into law Wednesday 

Sales of recreational-use marijuana won’t become legal for an estimated 18 months pending state regulations

The memo notes that under the new law, anyone over the age of 21 is allowed to smoke marijuana ‘almost anywhere that cigarette smoking is allowed including on sidewalks, on front stoops and other public places. As a result, smoking marihuana [sic] in any of these locations is not a basis for an approach, stop, summons, arrest or search.’

According the revised guidelines, street sales of marijuana are still against the law, but police witnessing a ‘hand-to-hand’ exchange of 3oz or less of marijuana cannot make an arrest or issue a summons, unless they see money changing hands.

Police officers also have been made aware that people on parole are now allowed to use marijuana, unless the terms of their parole specifically prohibit it.   

Anyone previously convicted of possessing marijuana under the new legal limit will automatically be eligible to resentencing. The bill will also lead to reduced penalties for possession and sale.

‘This is a historic day in New York – one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State’s economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits,’ Cuomo said in a statement.