SPRINGFIELD, IL (Chambana Today) – The Illinois Supreme Court has ruled that the smell of raw marijuana alone provides probable cause for law enforcement to search a vehicle. The ruling, issued Thursday, overturns a Whiteside County judge’s decision and supports a prior appellate court ruling.
The case originates from a December 2020 traffic stop on Interstate 88, where an Illinois State Trooper pulled over a speeding vehicle and initiated a search after smelling raw cannabis. During the search, passenger Vincent Molina of Moline was found with marijuana joints and charged with misdemeanor possession. Molina’s attorney argued that Illinois’ legalization of marijuana means the smell alone shouldn’t justify a warrantless search. However, the Supreme Court disagreed. Justice P. Scott Neville Jr., writing for the majority, stated that state law requires marijuana to be stored in sealed, odor-proof containers, and the smell of raw cannabis suggests improper transport.
The court’s decision contrasts with its ruling in September, which found that the smell of burnt cannabis does not constitute probable cause. Justice Mary K. O’Brien dissented, calling the distinction between raw and burnt cannabis ‘absurd’ and likening both to alcohol, where possession can be lawful in many situations.
The ruling comes as Illinois lawmakers consider legislation that could eliminate the odor-proof container requirement and restrict the use of cannabis odor as probable cause for searches.