Request for Information: Recommended Approaches to Evaluate Methodologies and Technologies for the Detection of Cannabis-Impaired Driving

Pursuant to § 60.2 of the Marihuana Regulation and Taxation Act, the New York State Department of Health (DOH) is examining methodologies and technologies used for the detection of cannabis-impaired driving and how these methodologies and technologies can be used to assess impairment of operators of motor vehicles. The purpose of this RFI is to identify the current state of research on impairment due to cannabis ingestion, identify the current state of research on devices that can be used to detect impairment due to cannabis ingestion, and identify higher education research institutions that are currently performing this type of research to assist DOH in:

  • Obtaining information on current and emerging methodologies and technologies that can be used to measure tetrahydrocannabinol (THC), the primary psychoactive substance in cannabis. Note: Cannabis Law defines THC as Delta-9-tetrahydrocannabinol; Delta-8- tetrahydrocanna-binol; Delta-10-tetrahydrocannabinol; and the optical isomer of such substances.
  • Obtaining information on the accuracy and reliability of current and emerging methodologies and technologies for detecting THC in human specimens.
  • Understanding the relationship between specimen THC concentration and the actual and currently present impairing effect by cannabis on a person's physical and cognitive abilities that would impact a person’s ability to safely operate a motor vehicle.
  • Obtaining information on the impact of the time and manner of the consumption of cannabis, as well as the impact of the THC concentration and form of the cannabis products consumed, on impairment.
  • Obtaining information on methodologies and technologies that can distinguish an actual and currently present impairing effect by cannabis on a person's physical and cognitive abilities from the presence of cannabis metabolites and potential tolerance acquired by a person's habitual cannabis use.
  • Obtaining information on the role and extent of impairment by cannabis as a causal or significant contributing factor in motor vehicle crashes and the extent of such cannabis-impaired driving, including an examination of motor vehicle crash, fatality, and injury statistics on an annual basis.
  • Identifying higher education research institutions that are capable of and interested in conducting a controlled research study designed to evaluate methodologies and technologies for the detection of cannabis-impaired driving.

Input from all interested parties is welcome, but the State is especially interested in receiving feedback from those higher education research institutions who have in the past or are currently researching cannabis impairment technologies that could be used to accurately detect whether a driver’s abilities are impaired by cannabis.

Schedule of Events

Release the RFI 9/08/2023
Response Due Date On or Before 10/06/2023 – 4PM ET

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