SPRINGFIELD – The Illinois Senate Criminal Law Committee today will consider Senate Bill 42, a measure that addresses unnecessary confusion about when police officers can use the odor of cannabis as a reason to stop or search a motorist’s car. In one recent ruling, People v. Redmond, the Illinois Supreme Court held that the odor of burnt cannabis alone does not provide probable cause for police to search a vehicle. But in People v. Molina, the Court held that the odor of raw cannabis alone does provide rationale for law enforcement to conduct such a search. This confusion was caused by unnecessary language in the Illinois Vehicle Code requiring that cannabis must be packaged in an “odor proof” container if it is transported in a car.
Senate Bill 42 eliminates this confusion by making an affirmative statement that the odor of cannabis – burnt or raw – does not provide probable cause to stop or search an individual, their vehicle or belongings.
The following can be attributed to Alexandra Block, director of the Criminal Legal System and Policing Project at the ACLU of Illinois:
The General Assembly has an opportunity to clear up unnecessary confusion by adopting Senate Bill 42. It is highly unlikely that an officer, standing alongside a busy highway or city street, is able to distinguish between the odors of burnt and raw cannabis.
Drivers and passengers are legally able to possess cannabis in our state. This confusion over the odor of cannabis should not be a trigger for officers to continue to harass and delay motorists with intrusive searches. These stops and searches are targeted disproportionately against drivers of color in Illinois. We encourage the legislature to clear up this confusion by adopting the very simple language contained in the bill and Amendment #1.