BUFFALO, N.Y. (WBEN) - The Erie County District Attorney hopes state lawmakers will learn from the public safety mistakes made by other states regarding marijuana legalization.
State lawmakers anticipate legalization of the drug for recreational adult use before April 1.
John Flynn, who said Thursday he is not openly advocating for marijuana to be legalized but is also not against the idea, said he worries about two provisions of the state's bill which would legalize recreational use for adults. The first concern is over the state's plan to give only a violation to those who are driving while high instead of a misdemeanor, as it is for alcohol.
"That is maybe the worst decision I've heard in my life if that passes," Flynn said. "That is ridiculous. Think of the message that sends. I have a handful of cases right now in my office where people have been driving under the influence of marijuana and they've killed someone or seriously injured someone. I am prosecuting them right now. There is no way it can go to a violation."
Lawmakers also plan to take marijuana off the list of controlled substances. This move means any prosecutor is unable to use marijuana in its evidence, even if it's related to a crash.
"If they take marijuana off that list, now I can't even prosecute it period," Flynn said. "If you think about it, it really doesn't matter frankly if it goes from a misdemeanor to a violation because the reality is if they take it off the list and I can't identify it as a known drug that is on the list, the bottom line is I can't even prosecute it at all."
Flynn said the fix is simple: Lawmakers need to add a provision in state law that says you can prosecute marijuana or the effects of the drug as a crime under vehicle and traffic law.
"You just have to add one blurb like that at the bottom of the statute and you're covered," Flynn said. "It's simple. I'm hopeful that Albany will listen to us because this is going to create a major problem for us on our roadways and it's going to create a major problem for the safety of our citizens because of what I believe is going to be an increase in the number of people who are going to be driving under the influence of marijuana."
Flynn has spoken to local democratic lawmakers who told him they will take his concerns into account but he did not get a definitive answer from them on his concerns.
The DA also said there needs to be funding for research of the drug, training of police officers to be drug recognition experts, and public education. He said Albany needs to do this right because recent decisions like the state's controversial bail reforms created unintended consequences related to funding.
"Hopefully they will learn from their mistakes and they will allocate funding for such," Flynn said.
