01-31-2025
Cole Preston
A new legislative effort in Illinois aims to standardize how law enforcement handles cannabis odor in vehicle searches, following conflicting rulings from the state’s Supreme Court. Introduced by State Senator Rachel Ventura (D-Joliet), Senate Bill 0042 (SB 42) would ensure that the odor of raw or burnt cannabis alone cannot justify the search of a motor vehicle, driver, or passenger.
“The Supreme Court gave a conflicting directive in its recent ruling between raw and burnt cannabis, shifting a huge burden to law enforcement to know the difference,” said Ventura. “This bill aims to clean up that court ruling by directing law enforcement to consider all factors – not just odor – in deciding if the law has been broken.”
The Illinois Supreme Court recently issued two seemingly contradictory rulings on the issue. In People v. Redmond, the Court ruled that the odor of burnt cannabis alone is insufficient to justify a warrantless vehicle search. However, in People v. Molina, it determined that the smell of raw cannabis alone does provide probable cause for a search. SB 42 seeks to address this inconsistency by explicitly prohibiting law enforcement from using cannabis odor as the sole basis for searching or detaining individuals in vehicles.
Additionally, the legislation would repeal the existing requirement that cannabis stored in a vehicle must be kept in an odor-proof container. Instead, the bill maintains that cannabis must be stored in a secured, sealed, or re-sealable child-resistant container.
“SB 42 is another step forward in modernizing Illinois cannabis laws,” said Peter Contos of Cannabis Equality Illinois. “Removing the odor-proof container rule will provide drivers the peace of mind of knowing they cannot be stopped solely for possessing a legal product. SB 42 will also relieve the burden on law enforcement to decipher the difference between raw and burnt cannabis.”
According to Jim Kaitschuk, a representative of the Illinois Sheriff’s Association, Illinois police may face difficulty when attempting to distinguish between “raw” and “burnt” cannabis. Jim Kaitschuk recently opposed removing the “odor-proof container” requirement from Illinois cannabis law, a development that received little to no media coverage.
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