Legislation that would prohibit police from using the smell of marijuana as the sole reason to search a vehicle advanced in the Illinois General Assembly today, after the House Judiciary Committee approved it and sent it to the full House for consideration.
Senate Bill 42, which passed the Senate earlier this year in a 33 to 20 vote, would prevent law enforcement from stopping, searching, or detaining drivers or passengers based solely on the odor of cannabis, as long as they are at least 21 years old.
The bill also removes the existing requirement that marijuana must be stored in an odor-proof container while being transported in a vehicle.
Supporters of the measure say it brings policing practices in line with Illinois’ legalization of recreational cannabis, which began in 2020. They argue that continued reliance on cannabis odor as justification for searches disproportionately impacts Black and Latino drivers and contributes to ongoing racial disparities in traffic enforcement.
States like New York and Minnesota have already implemented similar restrictions. If SB 42 is approved by the full House and signed by Governor J.B. Pritzker (or allowed to become law without a signature), it would take effect immediately.
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