Illinois Senate Passes Bill Removing Cannabis Odor as Search Justification
Illinois Senate Passes Bill Removing Cannabis Odor as Search Justification

Illinois Senate Passes Bill Removing Cannabis Odor as Search Justification

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The Illinois Senate has passed Senate Bill 42, which prohibits law enforcement from searching a vehicle or detaining a driver solely based on the smell of burnt cannabis. This legislation responds to conflicting rulings from the Illinois Supreme Court regarding the odor of cannabis and aims to clarify the legal standards for police searches. Senator Rachel Ventura, the bill's sponsor, emphasized that the legislation requires officers to consider all circumstances rather than relying solely on odor. The bill maintains that cannabis must be stored in a secured, child-resistant container but removes the requirement for it to be odor-proof. Meanwhile, a recent ruling from the Michigan Supreme Court has established that the smell of marijuana cannot be used as legal justification for searches in that state, reflecting a broader trend in legal attitudes towards cannabis. Both states are navigating the complexities of cannabis legalization and law enforcement protocols.

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