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THE ROADBLOCK VEHICLE-STOP WAS VALID; THE SEARCH BASED UPON AN ODOR OF MARIJUANA WOULD NOT HAVE BEEN VALID UNDER THE MARIHUANA REGULATION AND TAXATION ACT (MRTA) BUT THE COURT REFUSED TO APPLY THE MRTA RETROACTIVELY; ONE DISSENT ARGUED DEFENDANT’S CHALLENGE TO PROHIBITING FELONS FROM OBTAINING GUN LICENSES HAD MERIT; THE OTHER DISSENT ARGUED THE ROADBLOCK PROCEDURE WAS NOT DEMONSTRATED TO BE CONSTITUTIONAL (CT APP). ​

The Court of Appeals, in a full-fledged opinion by Judge Troutman, over a single-judge dissent and a separate two-judge dissent, affirmed defendant’s conviction, finding the roadblock vehicle-stop procedure was valid and the search based upon an odor of marijuana was valid. The search would not have been valid after the Mariihuana Regulation and Taxation Act (MRTA) was enacted in 2021. The court refused to apply the MRTA retroactively. Judge Rivera’s dissenting opinion, argued defendant’s argument against the ban on felons obtaining gun licenses had merit and the matter should have been sent back to create a record. Judge Halligan’s dissent argued the constitutionality of the roadblock was not demonstrated. People v Pastrana, 2023 NY Slip Op 05966, CtApp 11-21-23

Practice Point: The Marihuana Regulation and Taxation Act (MRTA), which under certain circumstances (which were present in this case) prohibits a search based upon the odor of marijuana, does not apply retroactively.

 

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