Just the smell of marijuana would not give police officers probable cause to search a vehicle under a bill passed by the Illinois Senate Thursday.
There have already been court rulings on the matter but the legislation makes sure this is state law. It’s sponsored by Senator Rachel Ventura of Joliet.
“The odor of cannabis has been a tool to harass and search minorities. This law would help protect all Illinoisan’s 4th Amendment rights.”
But some, like Quincy Senator Jil Tracy, fear this will restrict law enforcement and lead to more illegal forms of cannabis coming into Illinois.
“Is it for the legislature to legislate probable cause because it varies. It’s a subjective standard and depends on the elements of the case.”
The bill also lifts a requirement that marijuana has to be transported in an odor-proof container. It still needs to be passed by the House.
