Illinois Supreme Court Rules Police Can Search Vehicles Based on Smell of Raw Cannabis

The Illinois Supreme Court ruled on Thursday that the smell of raw cannabis is considered legal grounds for police to conduct a vehicle search, the Chicago Tribune reports.

The ruling in the case of Vincent Molina, who faces misdemeanor possession charges for the improper transportation of cannabis, resulted from a December 2020 traffic stop during which a state trooper smelled raw cannabis and conducted a vehicle search, finding several joints and a sealed box of cannabis. Initially, the trial court ruled that the vehicle search in the Molina case was unjustified in part because adult-use cannabis possession has been legalized in Illinois, but the appeals court later reversed the ruling — and this week, the state Supreme Court upheld the reversal.

The 4-2 ruling is something of a departure from a previous ruling by the Supreme Court in September which determined that the smell of burnt cannabis is not grounds to conduct a vehicle search. The court noted that while state law prohibits cannabis consumption inside a vehicle, the smell of burnt cannabis could linger on a person after they had smoked.

“In short, while cannabis is legal to possess generally, it is illegal to possess in a vehicle on an Illinois highway unless in an odor-proof container. The odor of raw cannabis strongly suggests that the cannabis is not being possessed within the parameters of Illinois law. And, unlike the odor of burnt cannabis, the odor of raw cannabis coming from a vehicle reliably points to when, where, and how the cannabis is possessed — namely, currently, in the vehicle, and not in an odor-proof container.” — Excerpt from the ruling, via the Tribune

Chief Justice Mary Jane Theis and Justice Mary K. O’Brien dissented from the majority opinion, according to the report, with O’Brien writing in an objection to the decision: “It makes no sense to treat raw cannabis as more probative when the odor of burnt cannabis may suggest recent use, whereas the odor of raw cannabis does not suggest consumption. If the crime suggested by the odor of burnt cannabis is not sufficient for probable cause, then certainly the crime suggested by the odor of raw cannabis cannot be either.”

Molina’s attorney said in a statement that he would appeal the case to the U.S. Supreme Court.