Bill > A05271

This bill implements oral fluid tests, which are standardized saliva tests validated by the National Highway Traffic Safety Administration (NHTSA) to detect the presence of cannabis, for both motor vehicle and vessel operators. The legislation amends the vehicle and traffic law and navigation law to allow police officers to request oral fluid tests from individuals involved in accidents or operating vehicles/vessels in violation of existing laws. If the test indicates the presence of cannabis in a person's saliva, the officer may then request a chemical test (blood, urine, etc.). The bill provides detailed provisions about the admissibility and probative value of oral fluid test results in legal proceedings, including how such evidence can be used to challenge the validity of an arrest or to confirm/rebut testimony about cannabis presence. The oral fluid tests are designed to be comparable to breath tests for alcohol, providing law enforcement with a preliminary method to assess potential cannabis impairment. The new law will take effect 90 days after becoming law, with immediate authorization for developing necessary implementation regulations. This legislation represents an expansion of law enforcement tools for detecting potential drug-impaired driving and vessel operation.

Transportation and Infrastructure

https://www.nysenate.gov/legislation/bills/2025/A5271