An Illinois Senate proposal would stop police from using the odor of raw or burnt cannabis as grounds for a vehicle search, so long as the driver is at least 21 years old.
Illinois Senate Considering Bill to Prevent Vehicle Searches Based on Cannabis Odor
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The Illinois Senate is considering a bill to prevent police from searching a vehicle based on the odor of raw or burnt cannabis if the driver is at least 21 years old, WREX 13 reports. The bill would also remove provisions of the state’s adult-use cannabis law that require cannabis to be transported in an odor-proof container when in a vehicle.
The proposal comes almost three months after the state Supreme Court ruled that the odor of raw cannabis is legal grounds for a vehicle search – a decision which runs counter to a decision in September of last year by the court that the odor of burnt cannabis is not legal grounds for a search.
State Sen. Rachel Ventura (D), one of the bill sponsors, told WREX that those two rulings would create confusion for police and the courts.
“… The smell of hemp smells the same as raw cannabis and so they’re now asking law enforcement the difference between hemp and raw cannabis in order to not violate someone’s fourth amendment right.” — Ventura to WREX
The legislation has already cleared the Senate Criminal Law Committee. A previous version of the bill passed the House last year.
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