Smell Of Cannabis Is Not Enough For Warrantless Car Searches, Illinois Supreme Court Rules

The Illinois Supreme Court ruled Thursday that the smell of burnt cannabis alone does not give police officers the right to conduct a warrantless search of a vehicle. Justice P. Scott Neville Jr. delivered the unanimous opinion, citing changes in Illinois’ cannabis laws.

“We hold that the odor of burnt cannabis alone is insufficient to provide probable cause for police officers to perform a warrantless search of a vehicle,” Justice Neville wrote, according to CBS News. “We also hold that the totality of the facts and circumstances known to Officer Combs did not provide probable cause to search Redmond’s vehicle.”

How Ryan Redmond's Traffic Stop Led To A Cannabis Possession Charge

The case involved Ryan Redmond, who was pulled over by Illinois State Police Officer Hayden Combs in 2020. When Redmond rolled down his window, Officer Combs reported smelling burnt marijuana. However, despite noting that Redmond showed no signs of impairment and finding no evidence of cannabis being smoked in the car, Combs searched the vehicle. He discovered one gram of marijuana in a plastic bag in the center console, leading to Redmond being charged with unlawful possession.

Probable Cause Not Met In Redmond's Case

The court highlighted that Combs’ stop of Redmond was initially for a non-related traffic issue—an improperly secured license plate. Furthermore, the justice pointed out that Combs lacked evidence of impairment or illegal conduct beyond the cannabis odor. This, Neville noted, did not meet the threshold for probable cause required for a vehicle search.

In their ruling, the justices underscored that legal changes in Illinois, which legalized marijuana in 2020, have altered the implications of detecting cannabis scent, noted CBS News. They argued that the presence of the odor alone, without further evidence of illegality, cannot justify the infringement on individual privacy rights.

Justice Lisa Holder White did not participate in the ruling, which was otherwise unanimous.

Other States Reevaluate Cannabis Search Laws

Moreover, this ruling not only impacts Illinois but also echoes a growing trend in other states where courts are reevaluating law enforcement practices in the wake of marijuana legalization. States such as Minnesota and Maryland have enacted similar measures, reinforcing the shift towards greater privacy protections for cannabis users.

Cannabis Sales Vs. Justice: Who’s Slower In Illinois?

Amid these legal developments, Illinois cannabis sales continue to show slow growth. In August 2024, adult-use sales reached $147.4 million, up 2.8% from July, with year-to-date sales increasing 7.3% to $1.14 billion, according to New Cannabis Ventures. Combined with medical sales, which grew 0.7% sequentially to $23.5 million, total August cannabis sales hit $170.9 million.