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Yahoo
12-04-2025
- Politics
- Yahoo
Illinois bill would remove cannabis odor as probable cause for police to search car
The Brief The Illinois Senate passed a bill to remove cannabis odor as the sole reason for probable cause for police officers to search a car. The Senate sponsor argued the bill clarifies what law enforcement can do during a traffic stop involving cannabis after contradictory Illinois Supreme Court rulings. S.B. 42 still needs approval from the House of Representatives and Gov. JB Pritzker to become law. SPRINGFIELD, Ill. - State lawmakers are weighing a bill that would remove cannabis odor as the sole probable cause for police officers to search a car. The Illinois Senate passed S.B. 42 on Thursday by a vote of 33-20. It was sent to the House of Representatives for passage in that chamber. What we know The bill, sponsored by State Sen. Rachel Ventura (D-Joliet), would still require that cannabis be stored in a secure, sealed, or re-sealable container. Still, if passed into law, law enforcement would not be able to stop, detain or search a car whose driver or passengers are 21 and older solely because of an odor of cannabis. Ventura cited two Illinois Supreme Court rulings that contradicted each other about whether cannabis odor alone was sufficient for probable cause for police to search a vehicle without a warrant. She argued S.B. 42 would clarify how officers could handle such a situation by "directly law enforcement to consider all factors – not just odor – in deciding if the law has been broken." What they're saying Peter Contos, of Cannabis Equity Illinois, a nonprofit that advocates for equity in cannabis policies and industry in the state, argued the bill is "another step forward in modernizing Illinois cannabis laws." "Removing the odor-proof container rule will provide drivers the peace of mind of knowing they cannot be stopped solely for possessing a legal product. Senate Bill 42 will also relieve the burden on law enforcement to decipher the difference between raw and burnt cannabis," Contos said in a statement. What's next The Illinois House of Representatives will have to pass the bill and Gov. JB Pritzker will have to sign it for the measure to become law.
Yahoo
11-04-2025
- Politics
- Yahoo
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.' 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 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. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
