SPRINGFIELD – Following the Senate passage of Senate Bill 42, State Senator Rachel Ventura made clarifying remarks on the bill, explaining its intent and background.

The legislation makes clear that the smell of raw or burnt cannabis alone cannot justify a search of a vehicle, driver, or passenger. The goal is to ensure consistent law enforcement practices in situations involving cannabis. While the odor may still be noted, it cannot be the sole reason for a stop or search.

“I want to ensure there is no misunderstanding about the core intent of this bill — to clarify existing statute and address ambiguities in the law that currently create challenges for law enforcement,” said Ventura (D-Joliet). “Dispensary workers and Illinoisans who legally use cannabis should not be penalized and targeted on smell alone. If a driver is exhibiting erratic behavior in addition to the scent of cannabis, then law enforcement may conduct a search. This bill not only protects people’s Fourth Amendment rights from unreasonable search and seizure, but also addresses due process.”

Senate Bill 42 removes the requirement for odor-proof cannabis packaging, while maintaining the mandate that cannabis must be stored in a secure, sealed, or resealable child-resistant container. The bill also prohibits law enforcement from stopping, detaining, or searching a vehicle solely based on the smell of cannabis if the driver or passengers are 21 or older. However, it does not instruct officers to disregard the odor entirely.

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 alone gave police probable cause to search a vehicle because the statute mandates odorless packaging.

The bill makes these clarifications for law enforcement:

• Officers can still consider odor during a stop, but odor alone can no longer justify search – other factors must be present to establish probable cause
• Should law enforcement have reasonable suspicion based on the driver’s or passenger’s behavior and speech, a sobriety test would be conducted before probable cause is determined
• The measure still allows odor to be considered as a part of the totality of circumstances, but odor alone cannot justify a vehicle search
• Cannabis still must be inaccessible to those in the vehicle

“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 Ventura. “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 passed the Senate last week and awaits action in the House.