Legislation in Illinois is moving forward that could change how law enforcement handles vehicle searches related to the smell of cannabis. Senate Bill 42, which passed the state Senate last month, aims to clarify legal standards regarding the odor of cannabis in vehicles.
During a recent House committee hearing, State Representative Curtis Tarver, a Democrat from Chicago, noted that recent rulings by the Illinois Supreme Court have established a distinction between the smell of burnt cannabis and that of raw cannabis. Currently, the smell of burnt cannabis does not justify a search, while the smell of raw cannabis does. Tarver stated, “The Supreme Court clearly is… asking us to do something because they interpret it, burn versus raw, coming up with two different opinions and then saying that we probably have to amend the vehicle code.”
Tarver’s proposal seeks to align Illinois law with the Supreme Court’s interpretations by potentially restricting searches based solely on the raw cannabis smell. He emphasized the need for a balance that does not hinder law enforcement’s ability to address illegal activity, stating, “Not something that ties the hands of law enforcement.”
Opposing views were presented by State Representative Patrick Windhorst, a Republican from Metropolis. He argued that before altering the current cannabis laws, lawmakers should first focus on establishing effective roadside testing for drivers suspected of cannabis intoxication. Windhorst expressed concern that removing the ability to search based on the smell of raw cannabis could complicate law enforcement’s ability to manage impaired driving.
The committee hearing also raised questions about how the proposed change would impact law enforcement’s approach to suspected drug traffickers. Tarver acknowledged this concern but maintained that all drivers should be treated with respect and dignity, regardless of their cannabis use.
The bill has successfully advanced out of the committee, and with the legislative session scheduled to conclude on May 31, further discussions and decisions are anticipated in the coming weeks.
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