(The Center Square) – Illinois lawmakers are considering a bill that would remove cannabis odor as the sole probable cause for police officers to search a car.
The measure, sponsored by state Sen. Rachel Ventura, D-Joliet, would still require that cannabis be stored in a secure, sealed, or re-sealable container.
“I want to be very clear that I encourage every driver to drive sober at all times and that is not the purpose of this bill to undermine that,” said Ventura.
Ventura said the measure aims to bring clarity by directing law enforcement to consider all factors, not just odor, in deciding if the law has been broken. Ventura cited two Illinois Supreme Court rulings that contradicted each other about whether cannabis odor alone was sufficient for probable cause for police to search a vehicle without a warrant, one involving burnt marijuana and the other raw cannabis.
“There are now a myriad of situations where cannabis can be used and possessed, and the smell resulting from that legal use and possession is not indicative of the commission of a criminal offense,” the opinion said.
State Sen. Chapin Rose, R-Mahomet, said the legislation defies common sense.
“We would never, ever ask a police officer to disregard the odor of alcohol when they pull a car over, why on earth would we ask a police officer to disregard the odor of cannabis,” said Rose.
State Sen. Steve McClure, R-Springfield, said the measure is a boost for drug dealers and the black market for marijuana.
“They’re going to use the fact that when they’re going through Illinois, if they have the cannabis out and it’s smelling, it can cover up the smell of other drugs and other things they’re trying to hide,” said McClure.
The Senate passed the measure by a 33 to 20 vote and will next be considered by the Illinois House.
