Dupage Policy Journal

Illinois State Rep. Amy Grant (R-Wheaton) discussed a Democrat-backed measure that would prohibit "the smell of marijuana" from being used as probable cause to search a vehicle or its passengers.

"I think these searches should be allowed," Grant told the DuPage Policy Journal. "I mean, you can’t drink and drive, and it should be the same for smoking marijuana. It’s true that marijuana use is now legal in Illinois, but we can’t let that be a reason to trample over other laws and standards. I think officers should be able to use their discretion. That’s why we give them the powers that we do."

According to Marijuana Moment, Senate Bill 125, sponsored by Illinois Sen. Rachel Ventura (D-Joliet), was passed by a 33-20 vote and is set to be considered by the Illinois House of Representatives. Supporters of the measure have argued that it will protect residents' rights against unreasonable searches.

“People — especially people of color — are unnecessarily pulled over far too often,” Ventura told Marijuana Moment. “The odor of cannabis alone shouldn’t be one of those reasons. Cannabis is legal in Illinois, and it’s a pungent scent that can stick to clothes for extended periods of time.”

Senate Democrats affirmed that their push for the bill originates from a Will County court case where a defendant was pulled over and arrested after the responding officer detected a "strong odor of burnt cannabis emanating from the vehicle," which the defendant claimed from someone else having smoked cannabis in the car "a long time ago."

SB 125 would not change Illinois' laws regarding impaired driving, meaning that the act of operating a motor vehicle under the influence of marijuana would remain a criminal offense.

“If a motor vehicle is driven or occupied by an individual 21 years of age or over, the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of the motor vehicle, vehicle operator or passengers in the vehicle,” the bill reads.