SPRINGFIELD – State Senator Rachel Ventura introduced a measure in the Senate to ensure that the odor of raw or burnt cannabis could not alone constitute a search of a motor vehicle, driver, or passenger thus protecting every Illinoisan’s 4th Amendment rights.

“The Supreme Court gave a conflicting directive in its recent ruling between raw and burnt cannabis, shifting a huge burden to law enforcement to know the difference,” said Ventura (D-Joliet). “This bill aims to clean up that court ruling by directing law enforcement to consider all factors - not just odor - in deciding if the law has been broken.”

The Illinois Supreme Court recently ruled on two separate cases contradictory to each other on whether the scent of cannabis is a probable cause. The Court held in People v. Redmond that the odor of burnt cannabis, alone, is insufficient to provide probable cause for police officers to perform a warrantless search of a vehicle. In People v. Molina, the Court ruled that the odor of raw cannabis, standing alone, gave police probable cause to search a vehicle.

Under Senate Bill 42, cannabis odor alone would not allow for searching the driver or passengers of a vehicle and adds that a vehicle and its passengers may not be detained based on only the odor of cannabis.

Additionally, the legislation would remove current law requirements that cannabis possessed in a vehicle must be stored in an odor-proof container, but it continues to require that cannabis be stored in a secured, sealed or re-sealable child-resistant container.

"SB 42 is another step forward in modernizing Illinois cannabis laws," said Peter Contos of Cannabis Equality Illinois. "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. SB 42 will also relieve the burden on law enforcement to decipher the difference between raw and burnt cannabis."

Currently, there are two states that have similar court cases, Vermont and Colorado. The Vermont Supreme Court concluded in 2019 that the faint odor of burnt cannabis did not establish probable cause.

Senate Bill 42 has been assigned to the Senate Criminal Law Committee.