Illinois Supreme Court: Cannabis Odor Alone Not Enough for Vehicle Search

LOS ANGELES- In a significant ruling, the Illinois Supreme Court declared on Thursday that the smell of burnt cannabis alone does not justify a warrantless vehicle search. The unanimous decision stems from a 2020 case where an officer searched a car based solely on the odor of burnt cannabis, discovering a small amount of cannabis. The court ruled that while the smell can be considered in determining probable cause, it must be accompanied by other evidence to justify a search.

This ruling marks a shift in Illinois’ approach to cannabis-related traffic stops, reflecting the state’s evolving legal stance on cannabis following its legalization for recreational use in 2020. The court emphasized that possession of cannabis is now legal under certain conditions, and the smell of burnt cannabis alone is not indicative of a crime.

The decision provides additional legal protections for cannabis users while underscoring that driving under the influence remains illegal. Law enforcement will need to revise procedures to align with this ruling, which is consistent with similar decisions in other states.