A key committee in the Illinois Senate has given approval to legislation that would restrict law enforcement from searching vehicles based solely on the smell of cannabis.
The Senate Criminal Law Committee voted 7 to 3 in favor of Senate Bill 42, which would eliminate the requirement that cannabis be stored in an odor-proof container while in a vehicle. It would also bar police from using the smell of burnt or raw cannabis as the sole basis for a vehicle search if the occupants are at least 21 years old.
The bill follows two Illinois Supreme Court rulings issued last year. In September, the court determined that the smell of burnt cannabis did not provide probable cause for a search. However, in December, it ruled that the odor of raw cannabis did justify a search, as it indicated a potential violation of state law requiring cannabis to be stored in a sealed, child-resistant, odor-proof container.
“This sets up a contradictory situation for law enforcement,” said bill sponsor State Senator Rachel Ventura (D).
Justice Mary Kay O’Brien dissented in the December ruling, arguing that raw cannabis should not be treated as stronger evidence of a crime than burnt cannabis.
The American Civil Liberties Union of Illinois supports the bill, with Alexandra Block, director of the Criminal Legal System and Policing Project, stating that cannabis odor should not be used as a justification for intrusive searches.
The measure now moves towards a vote of the full Senate.
