The Illinois Senate has approved legislation that would prohibit law enforcement from using the smell of cannabis as the sole reason to search a vehicle, sending it to the House for consideration.
The Senate voted 33 to 20 in favor of Senate Bill 42, sending the measure to the House Rules Committee.
Under the proposal, officers would no longer be allowed to stop, search, or detain a vehicle or its occupants based solely on the smell of burnt or raw cannabis, so long as the individuals are 21 or older. The bill also removes a current requirement that marijuana must be stored in an odor-proof container while in a motor vehicle.
Supporters say the measure is a necessary update to reflect the state’s legalization of marijuana for adult use, approved by lawmakers in 2019. They argue that continuing to use the smell of cannabis as justification for vehicle searches disproportionately impacts Black and Latino drivers.
The bill’s advancement comes amid growing efforts in multiple states to curtail vehicle searches based solely on marijuana odor, with similar laws already in place in states like New York and Minnesota.
If SB 42 is approved by the House and signed into law by Governor J.B. Pritzker, the changes would take effect immediately.
