Illinois Supreme Court Rules Smell of Marijuana Alone Doesn't Justify Car Searches

The court's unanimous decision marks a significant change in how cannabis-related searches are conducted in the state.

The Illinois Supreme Court ruled 6-0 that the odor of burnt cannabis alone is insufficient to provide probable cause for a warrantless vehicle search.
The decision stems from a 2020 traffic stop where a small amount of marijuana was found in the car of a driver pulled over for minor traffic violations.
Justices emphasized that the evolving legal landscape around cannabis means its smell is no longer indicative of criminal activity.
The ruling was celebrated by advocacy groups who argue that the smell of cannabis has been used to disproportionately target minority communities.
The court noted that while the smell of cannabis can still be considered, it must be accompanied by other suspicious circumstances to justify a search.