Smell of weed not enough for warrantless vehicle searches: Illinois Supreme Court

The smell of burnt marijuana can no longer be used as probable cause for a warrantless search of a vehicle in Illinois, the state’s Supreme Court ruled. In 2019, Illinois legalized the recreational use of marijuana and decriminalized possession of the drug up to 30 grams.

In a unanimous decision, with one abstention, the justices determined that the smell of burnt cannabis or possession of cannabis is not sufficient evidence that a crime has recently been committed or is being committed.

The case stems from a traffic stop in September 2020, when an officer pulled over Ryan Redmond for speeding on Interstate 80 in Henry County and smelled the substance coming from the vehicle.

According to court documents, the officer searched the car and found a gram of marijuana but “did not observe any cannabis or drug-related paraphernalia in the vehicle, smoke in the vehicle or signs of impairment on Redmond.”

Redmond was charged with failure to transport cannabis in an odor-proof container. A lower court ruled in 2021 that the officer lacked sufficient evidence to search Redmond’s vehicle, citing the change in cannabis law. The Illinois Supreme Court upheld the lower court’s ruling.

“The laws on cannabis have changed in such a drastic way as to render the smell of burnt cannabis, standing alone, insufficient to provide probable cause for a police officer to search a vehicle without a warrant,” Illinois Supreme Court Justice P. Scott Neville wrote in the opinion.

According to Illinois state law, it is still illegal to smoke marijuana while driving or be impaired while driving a vehicle.