New York 2025-2026 Regular Session

New York Assembly Bill A08217

Introduced
5/5/25  
Refer
5/5/25  

Caption

Alters the definition of "drug" to include any substance or combination of substances that impair, to any extent, physical or mental abilities.

Summary

A08217 amends the New York Vehicle and Traffic Law definition of “drug” in section 114-a. Under current law, the term includes substances listed in the Public Health Law and cannabis and concentrated cannabis as defined in the Penal Law. This bill would expand that definition to also cover any substance or combination of substances that impair, to any extent, a person’s physical or mental abilities. The practical effect is to broaden the scope of conduct that may be treated as drug-related under the Vehicle and Traffic Law, particularly in the context of impaired driving and other traffic enforcement provisions that rely on the statutory definition of “drug.” By using a functional impairment standard, the bill would potentially capture a wider range of intoxicating or impairing substances, including substances not specifically listed elsewhere in law.

Impact

The bill would amend Vehicle and Traffic Law section 114-a, changing the legal definition of “drug” for purposes of that chapter. This could affect enforcement, prosecution, and adjudication of drug-related traffic offenses by allowing officers and courts to treat additional impairing substances as drugs even if they are not expressly named in the Public Health Law or Penal Law. It may also affect drivers, defense counsel, prosecutors, and law enforcement by broadening the evidentiary and legal basis for impairment-related charges.

Sentiment

No committee transcript or vote record was provided, so there is no direct record of debate or roll-call support to gauge legislative sentiment. Based on the bill text and caption, the measure appears to be framed as a public-safety and enforcement clarification aimed at addressing impaired driving and similar conduct. The available context suggests a straightforward policy proposal rather than a highly partisan measure.

Contention

The main point of contention is likely the breadth of the new definition. Supporters would likely favor the bill because it closes gaps in the law and gives law enforcement a more flexible standard for identifying impairing substances. Critics may object that the phrase “to any extent” is very broad and could create uncertainty about what substances qualify, potentially sweeping in medications or other substances that have only minimal or incidental effects on mental or physical abilities. The absence of discussion or votes means no specific stakeholder positions are documented in the provided materials.

Companion Bills

NY S02214

Same As Alters the definition of "drug" to include any substance or combination of substances that impair, to any extent, physical or mental abilities.

Previously Filed As

NY S02214

Alters the definition of "drug" to include any substance or combination of substances that impair, to any extent, physical or mental abilities.

NY A08961

Relates to the definition of drug-related paraphernalia; clarifies that drug-related paraphernalia shall not impact substances that are not considered controlled substances.

NY S08520

Relates to the definition of drug-related paraphernalia; clarifies that drug-related paraphernalia shall not impact substances that are not considered controlled substances.

NY A00174

Alters the definition of "drug" in the vehicle and traffic law to include any substance or combination of substances that impair, to any extent, physical or mental abilities; defines impairment and intoxication; provides that refusal to submit to a breath test and/or oral/bodily fluid test shall be a traffic infraction; makes related provisions.

NY S03135

Alters the definition of "drug" in the vehicle and traffic law to include any substance or combination of substances that impair, to any extent, physical or mental abilities; defines impairment and intoxication; provides that refusal to submit to a breath test and/or oral/bodily fluid test shall be a traffic infraction; makes related provisions.

NY S05457

Alters the definition of "drug" in the vehicle and traffic law to include any substance or combination of substances that impair, to any extent, physical or mental abilities; defines impairment and intoxication; provides that refusal to submit to a breath test and/or oral/bodily fluid test shall be a traffic infraction; makes related provisions.

NY A03138

Classifies operating a motor vehicle while under the influence of drugs by an individual under the age of twenty-one as a per se offense; includes any substance or combination of substances that impair, to any extent, physical or mental abilities in the definition of drugs; allows the odor of cannabis to be the basis for evidence for a violation of section 1192-a of the vehicle and traffic law.

NY A05974

Classifies operating a motor vehicle while under the influence of drugs by an individual under the age of twenty-one as a per se offense; includes any substance or combination of substances that impair, to any extent, physical or mental abilities in the definition of drugs; allows the odor of cannabis to be the basis for evidence for a violation of section 1192-a of the vehicle and traffic law.

NY A2786

Extends penalties for driving under the influence to include any substance that impairs driving ability; deems driver's consent to non-invasive drug tests.

NY A11190

Adds to the crime of criminal possession of a controlled substance in the third degree the possession, within any facility owned or operated by the state or upon school grounds, of any controlled substance or hazardous substance which has the potential to cause significant injury or death, with the intent to sell or distribute such substance.

Similar Bills

No similar bills found.