Across New York more people were getting high and driving long before the state legalized medicinal marijuana last week. In recent years there's been a dramatic increase in the number of people arrested for Driving While Ability Impaired by drugs.
According to an analysis of state criminal data by the Tully Rinkey law firm in Buffalo, over the past ten years DWAI arrests in Western New York increased by just over 80 percent. Attorney Mary Beth DePasquale says anyone using medical marijuana will need to be aware of the hazards before getting behind the wheel.
"It's similar as to any other type of prescription medication...that might have an effect upon a person's ability to drive a vehicle in a reasonable and prudent manor," DePasquale said.
"People being prescribed medical marijuana have to be aware that they may experience some of those side effects. And they're still going to be held to the same standards as anybody else when being investigated for Driving While Ability Impaired by Drugs."
DWAI by drugs is a misdemeanor. If convicted, DePasquale says a driver could face as much as one year in a local jail.
"Typically we really don't see that unless the person is a repeat or habitual offender or has some type of long and lengthy criminal history."
Medical marijuana likely won't be available in New York for at least 18 months while regulations are written; five state-approved producers and distributors need to be chosen.