Illinois may ban police from using raw cannabis odor as cause for car searches

SPRINGFIELD, Ill. (WTVO) — Illinois is moving toward prohibiting police from using the smell of raw cannabis as probable cause to search a vehicle. Police argued against the bill, saying it would prevent the use of K-9s to sniff out other illegal drugs.

In September 2024, the Illinois Supreme Court ruled that the smell of burnt cannabis was not cause enough for law enforcement to search a person’s vehicle, but another ruling said the smell of raw cannabis was.

“A recent state Supreme Court ruling gave a conflicting directive between raw and burnt cannabis, shifting a huge burden to law enforcement to know the difference,” said Sen. Rachel Ventura (D-Joliet). “This bill aims to bring clarity by directing law enforcement to consider all factors — not just odor — in deciding if the law has been broken.”

Senate Bill 42 would remove odorless packaging requirements while continuing to require that cannabis be stored in a secured, sealed or re-sealable child-resistant container. Under the bill, law enforcement would not be able to stop, detain or search a vehicle whose driver or passengers are 21 or older solely based on the odor of cannabis.

The Illinois Sheriff’s Association opposed the bill, arguing that drug traffickers often co-mingle cannabis loads with other illegal drugs and blunt the use of K-9s to alert officers to the presence of those drugs.

Police said that in 2024, authorities seized 24,000 pounds of illegal cannabis with a street value of $63,726,647, which they said would not have been possible without the use of K-9s.

The bill passed the Senate on Thursday.