SPRINGFIELD, Ill. (WCIA) — Legislation which would remove the smell of raw or burnt cannabis as probable cause to search a vehicle passed the Senate Criminal Law Committee on Tuesday.
The measure comes from State Senator Rachel Ventura.
“A recent state Supreme Court ruling gave a conflicting directive between raw and burnt cannabis, shifting a huge burden to law enforcement to know the difference,” Ventura (D-Joliet) said. “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.”
Ventura said that recently, the Illinois Supreme Court contradicted themselves in two separate cases.
In People v. Redmond, the Court ruled that the smell of burnt cannabis alone is not sufficient probable cause for police officers to search a vehicle without a warrant.
However, in People v. Molina, the Court ruled that the smell of raw cannabis alone did give police probable cause to search a vehicle, because odorless packaging is required by the statute.
Senate Bill 42 would remove the requirement that cannabis in a motor vehicle must be in an odor-proof container. It would still require that cannabis is stored in a secured, sealed or re-sealable child-resistant container.
"SB 42 is another step forward in modernizing Illinois cannabis laws," Peter Contos of Cannabis Equality Illinois said. "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."
Law enforcement would not be allowed to stop, detain or search a vehicle based only on the odor of cannabis, as long as the drivers and passengers are 21 or older.
The ACLU released a statement in support of Senate Bill 42.
The General Assembly has an opportunity to clear up unnecessary confusion by adopting Senate Bill 42. It is highly unlikely that an officer, standing alongside a busy highway or city street, is able to distinguish between the odors of burnt and raw cannabis. Drivers and passengers are legally able to possess cannabis in our state. This confusion over the odor of cannabis should not be a trigger for officers to continue to harass and delay motorists with intrusive searches. These stops and searches are targeted disproportionately against drivers of color in Illinois. We encourage the legislature to clear up this confusion by adopting the very simple language contained in the bill and Amendment #1.
Alexandra Block, director of the Criminal Legal System and Policing Project at the ACLU of Illinois
The bill passed the Senate Criminal Law Committee on Tuesday. It’ll go to the full Senate for further action.
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via WCIA.com https://www.wcia.com
February 18, 2025 at 07:22PM
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