Police Can Search Cars For Raw Cannabis Smell, Illinois Supreme Court Says

The Illinois Supreme Court has decided that the smell of raw cannabis is enough for police to search a vehicle.

The ruling, which contrasts with an earlier decision that the smell of burnt cannabis is not enough for a search, has sparked legal and public debate over how cannabis laws are applied in the state, the Chicago Tribune reported.

Two Cases, Two Different Outcomes

The decision stems from a case involving Vincent Molina, a passenger in a car stopped for speeding on I-88 near the Illinois-Iowa border in December 2020.

See Also: Does Cannabis Affect Your Driving? University Of Colorado Researchers Find Out

A state trooper claimed to smell cannabis through the open window, prompting a search that uncovered several joints and cannabis stored in a sealed box. While Illinois legalized small amounts of cannabis in 2020, Molina was charged with improper transport for not using an odor-proof container.

Initially, a court ruled the search unjustified. However, an appeals court reversed that decision, leading to the state Supreme Court's involvement. The court ruled that the smell of raw cannabis strongly suggests a violation of Illinois law, which requires cannabis in vehicles to be stored in an odor-proof container.

In a separate case heard by the court, People v. Ryan Redmond, the justices ruled that the smell of burnt cannabis doesn't justify a vehicle search, as it could simply indicate prior use outside the vehicle.

Confusion Over Legal Standards

This split in rulings has drawn criticism. Justice Mary K. O'Brien, joined by Chief Justice Mary Jane Theis, dissented in the Molina case. "It makes no sense to treat raw cannabis as more probative when the odor of burnt cannabis may suggest recent use, whereas the odor of raw cannabis does not suggest consumption," O'Brien wrote.

Meanwhile, defense attorney James Mertes, stated: "This means that the privacy rights of motorists in Illinois have been turned over to the police officer's sense of smell," Mertes said. He plans to appeal the decision to the U.S. Supreme Court.

A Legislative Puzzle

Adding to the confusion, Illinois lawmakers previously removed the odor-proof container requirement from the cannabis legalization law but left it in the vehicle code. The state Supreme Court suggested this legal mismatch needs fixing.

"I am discouraged by the Illinois Supreme Court's decision, but I am encouraged to now ask that this matter be decided by the United States Supreme Court," Molina said in a statement.

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