Illinois Senate Bill Would Prohibit Raw Odor of Marijuana Justifying Police Search
As we have previously covered, given a recent Illinois Supreme Court ruling, there are different standards for when the smell of raw cannabis, in contrast to burnt cannabis, (standing alone) can justify a further police search of a vehicle. However, a bill that recently passed the Illinois Senate seeks to alleviate this difference by having a blanket prohibition from searching a vehicle based on the smell of marijuana alone. Sen. Rachel Ventura (D), the bill’s sponsor, said in a statement that, “This bill aims to bring clarity by directing law enforcement to consider all factors—not just odor—in deciding if the law has been broken” by removing the requirement that marijuana be transported in a odor-proof container and clarifying that the smell of burnt cannabis alone does not justify a further search. This is not to say this bill would allow impaired drivers to escape any accountability by police, as driving under the influence of marijuana is still a crime. Rather, police officers would have to point to other articulable factors in order to perform a search and seizure of the vehicle or its driver, the smell of marijuana remaining one factor but not an inherently dispositive one. Peter Contos, deputy director of the Cannabis Equality Illinois Coalition, welcomed the proposed legislation, saying in a press release that, “Removing the odor-proof container rule will provide drivers the peace of mind of knowing they cannot be stopped solely for possessing a legal product,” and that it, “will also relieve the burden on law enforcement to decipher the difference between raw and burnt cannabis.” The bill has yet to receive a vote at the House level, but if it passes it could have far reaching applications to police searches in the state, as well as potentially affect the disposition of currently charged cases that resulted from a vehicle search due to the arresting officer’s perceived smell of marijuana. Anyone currently facing charges as a result of such a search should consult with an experienced criminal defense attorney who follows the changing laws and can appropriately protect your constitutional rights and protect your freedom.
