Baker-Polito Administration refiles legislation to improve roadway safety and combat impaired driving

“Trooper Thomas Clardy Law” pushes proven measures to prevent the senseless tragedies caused by impaired driving

WORCESTER, Mass. (WLNE) – Today the Baker-Politio Administration refiled legislation to improve safety on the Commonwealth’s roadways and combat drug-impaired driving.

This would update road safety laws by implementing standards and promoting strategies to reduce motor vehicle crashes, and will implement guidelines made by the Special Commission on Operating Under the Influence and Impaired Driving.

The bill, refiled as the “Trooper Thomas Clardy Law,” honors Massachusetts State Trooper Thomas L. Clardy.  On March 16, 2016, Trooper Clardy was conducting a traffic stop on the Massachusetts Turnpike when his parked cruiser was hit by a speeding motorist who swerved across three lanes of traffic.  THC, the psychoactive ingredient in marijuana, was detected in the motorist’s blood.  This preventable crime resulted in the tragic and untimely death of 44-year-old Trooper Clardy, an 11-year member of the state police and a United States Marine Corps veteran. He is survived by his wife and six children. The bill’s refiling coincides with the two-year mark since the conviction of the driver in the case.

“This legislation aims to make the Commonwealth’s roads safer and save lives, and we are grateful to the Clardy family for offering their family’s name and support for this legislation, which will help us avoid impaired driving incidents in the future,” said Governor Charlie Baker. “This bill will provide law enforcement officers with more rigorous drug detection training and will strengthen the legal process by authorizing the courts to acknowledge that the active ingredient in marijuana can and does impair motorists. The bill draws on thoughtful recommendations from a broad cross-section of stakeholders, and we look forward to working with our legislative colleagues to pass this bill and make our roads safer.”

“Our administration is refiling this legislation as part of our steadfast commitment to safeguarding our roadways and protecting the people of the Commonwealth from preventable crimes,” said Lt. Governor Karyn Polito. “With the continued implementation of adult-use marijuana in the Commonwealth, it is vital that we continue to focus on efforts to both combat drugged driving and raise awareness about the dangers of operating while under the influence.”

This legislation is based on guidelines provided by a Special Commission on Operating Under the Influence and Impaired Driving, which was created as part of the 2017 law legalizing adult-use marijuana, to develop a series of recommendations to mitigate the negative impacts of increased marijuana use in Massachusetts, including the increase of impaired driving. The Special Commission included a diverse group of experts in policing, prosecution, the criminal defense bar, medicine and toxicology, and civil liberties. The Special Commission’s report outlined recommendations that require legislative changes and promote consistency with state law on alcohol use and driving.

“Our family has been profoundly impacted by the tragic loss of my loving husband. Our children lost their hero, a man who had love for his family and an unquenchable love for life,” said Reisa Clardy, widow of Trooper Clardy. “We wholeheartedly support the implementation of these critical measures to improve public safety in the hope of sparing other families from our sorrow and preventing the heartbreak caused by a driver’s decision to get behind the wheel when under the influence of drugs.”

“It’s simple: you can’t drive safely when you are impaired. This legislation will improve community safety and advance good criminal justice policy by ensuring our ability to offer the public the same protections whether a driver is under the influence of alcohol or drugs,” said Secretary of Public Safety and Security Terrence Reidy.

“The work of the Special Commission on Operating Under the Influence and Impaired Driving started with the basic premise that you don’t, under any circumstances, drive better when you are impaired,” said Shawn Collins, Executive Director of the Cannabis Control Commission and Chair of the Special Commission.  “The Baker-Polito Administration’s legislation seeks safer roadways throughout the Commonwealth by implementing the Special Commission’s findings and empowering the public with expanded resources to prevent the risks of driving under the influence of any intoxicating substance.”

According to the Centers for Disease Control and Prevention, THC, marijuana’s principal active ingredient, impairs coordination, judgment, and balance – the skills every operator needs to drive safely. A February 2020 survey conducted by Mothers Against Drunk Driving found that 1 in 8 (12%) of adults admitted to driving within two hours of consuming marijuana.