An Illinois Senate committee has moved forward with a bill that would significantly restrict police searches of vehicles based solely on the smell of cannabis. On Tuesday, the Senate Criminal Law Committee voted 7-3 to advance Senate Bill 42, which aims to eliminate the requirement for cannabis to be transported in an odor-proof container. The bill would also prohibit police from conducting searches based only on the odor of burnt or raw cannabis if the vehicle’s occupants are at least 21 years old.
This legislation follows two Illinois Supreme Court rulings from last year. In September, the court determined that the smell of burnt cannabis does not provide probable cause for a vehicle search. However, a ruling in December stated that the smell of raw cannabis does constitute probable cause.
Current Illinois law mandates that cannabis must be stored in a “sealed, odor-proof, child-resistant container” while in a vehicle, and it must be “reasonably inaccessible” during transit. The December ruling indicated that the detection of raw cannabis suggests a violation of this statute.
Justice P. Scott Neville, in the majority opinion, noted that “the odor of raw cannabis strongly suggests that the cannabis is not being possessed within the parameters of Illinois law.” He contrasted this with the smell of burnt cannabis, which does not reliably indicate how the cannabis is being possessed.
Critics of the current law argue that it unfairly disadvantages drivers. “It makes no sense to treat raw cannabis as more probative when the odor of burnt cannabis may suggest recent use,” stated committee member O’Brien.
Alexandra Block, director of the ACLU of Illinois’s Criminal Legal System and Policing Project, emphasized that drivers and passengers legally possess cannabis in the state. She cautioned against allowing the smell of cannabis to lead to unnecessary police searches that could result in harassment.
However, law enforcement officials have expressed concerns that the bill could compromise public safety by making it more challenging to apprehend drug traffickers and impaired drivers. Jim Kaitschuk, Executive Director of the Illinois Sheriffs’ Association, presented an odorless container with raw cannabis to illustrate how individuals can transport it legally. He asserted that, based on their training, law enforcement can distinguish between the odors of burnt and raw cannabis.
Comments