A Senate-passed bill in Illinois that would clarify that police may not stop or detain drivers, or search their vehicles, based solely on the smell of cannabis had an initial House committee hearing on Friday, where lawmakers advanced the proposal on a 8–6 vote.
The legislation—SB 42, sponsored by Sen. Rachel Ventura (D)—next moves to the House floor.
The bill’s sponsor, who is a member of the House Judiciary Criminal Committee, told his colleagues on Friday that the legislation was not yet ready for law.
Rep. Curtis J. Tarver II said that he preferred to hold the debate on House floor, while the authors work out issues raised by law-enforcement officials.
The ideal scenario and my personal goal is to have this move to the second position. [reading]Tarver said to the members that he would hold on to it for a second. He also urged them to keep working with their colleagues and, in particular, those from law enforcement.
The proposal—which would further remove a requirement that marijuana be transported in odor-proof containers—is intended to address a state Supreme Court ruling late last year that said police are justified in searching a vehicle if they smell raw marijuana. According to the Justices, the smell is a sign that it’s almost certain the marijuana product hasn’t been placed in an odorproof container.
Some felt that this ruling contradicted a Supreme Court case a few month earlier, which found that the scent of Burnt Cannabis The amount of money needed to buy the necessary number of cars is insufficient Cause to search a car
The earlier opinion stated that “there are a variety of legal situations in which cannabis may be used or possessed and the smell emanating from this use or possession does not indicate the commission of any criminal offence.”
Tarver stated at the hearing on Friday that SB 42 was “not the solution” for the problem, but it is worth further investigation.
He said: “It’s clear to me from speaking to the members of the committee and also with the law enforcement,” but he just wanted the chance to continue working on this issue.
“I commit to working diligently and in good faith with all the stakeholders,” Tarver added in response to a question from Republican Floor Leader Rep. Patrick Windhorst, “your side, my side, law enforcement—who I consider to not be on either side—to try to put something forward.”
Windhorst said that he was concerned about the possibility of marijuana impaired driving if the laws were changed to include the smell of marijuana. Windhorst said he preferred to fix the intoxicated driver issue before changing cannabis law in your direction.
“I’ll say this,” replied Tarver: “I don’t think any of us disagree about our collective desire to reduce fatalities in general… I don’t know the nuances of the gaps that you identify, but I’m happy to have that conversation.”
“What I will say is that the underlying thing for a lot of these bills,” continued Tarver, who is Black, “is that the underlying thing for a lot of these bills—your community and my community may be different, right? “Some of the people in my community are worried about how broad these bills can be.”
The use of marijuana smell as a probable reason for stopping and searching vehicles is criticized by those who believe that the police unfairly apply drug laws to Black Americans and people of other races. Allowing stops on the basis of the alleged scent of cannabis may increase the enforcement bias.
Ventura, the bill’s Senate sponsor, said in a press release following the Senate’s 33–20 passage of the measure last month that the past state Supreme Court rulings “gave a conflicting directive between raw and burnt cannabis, shifting a huge burden to law enforcement to know the difference.”
“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,” she said.
Peter Contos (Deputy Director of Cannabis Equality Illinois Coalition) called it “another important step in the modernization of Illinois’ cannabis laws” when he released the Ventura bill.
The removal of the odorproof container rule gives drivers peace ofmind that they can’t be stopped for merely possessing a legally produced product, he added. The Senate Bill 42 also eases the pressure on the law enforcement agencies to distinguish between burnt and raw cannabis.
Other states have also passed laws that allow police to search for cannabis based on the scent. Maryland’s Gov. Wes Moore, a Democrat from Maryland, allowed the passage of a law prohibiting police officers from conducting searches solely based on the smell or presence of marijuana. GOP lawmakers unsuccessfully attempted to reverse that policy.
The Minnesota Supreme Court also ruled last year that police can’t use the smell of cannabis alone to justify vehicle searches—a ruling that has since been codified by the legislature and signed into law by Gov. Tim Walz (D).
This week in New York Gov. Kathy Hochul (D) signed a budget bill into law that notably does not include a controversial marijuana provision she proposed that would have allowed police to use the smell of marijuana as probable cause that a driver is impaired and then force them to take a drug test.
Amendments by lawmakers removed the provision, which a coalition of 60 reform groups had argued in a letter to Hochul and top lawmakers would “repeat some of the worst harms of the War on Drugs” and allow law enforcement to “restart unconstitutional racial profiling of drivers.”
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Meanwhile, in Illinois earlier this summer, Gov. J.B. Pritzker (D) touted the state’s record-setting $2 billion in marijuana sales in 2024, applauding the “thriving” industry while criticizing the “proliferation of the unregulated intoxicating hemp market.”
He said: “The figures are clear. Five years after Illinois legalized cannabis for adult use, we see the impact on our economy of a flourishing cannabis industry.”
The governor stated that while he is “pleased” with Illinois’ continued cannabis revenue and sales, the market has been undermined by unrestricted intoxicating hemp.
He said that “licensed cannabis businesses must comply with state laws, pay substantial taxes and go through rigorous testing of their products.” The unchecked marijuana market is not only a threat to legal cannabis businesses, but it also exposes consumers by flooding them with unsafe and untested products.
Pritzker has been vocal about his concerns over the unregulated hemp market, and he said in January that he was “tremendously disappointed” that a bill to impose restrictions on the sale of intoxicating hemp products that he advocated for stalled out in the legislature.
Separately, a report from the state Cannabis Regulation Oversight Office that was released late last year detailed how 2024 saw the single-largest expansion of stores since Illinois began opening medical marijuana dispensaries, with 82 new retailers opening for business—many of which are owned by social equity licensees.
“As additional dispensaries open their doors, that increased competition leads to increased availability of product and better prices for consumers—just as we anticipated,” Cannabis Regulation Oversight Officer Erin Johnson said on Thursday. We look forward to Illinois’ continued success in the cannabis industry. This will lead to more economic development, public awareness and support of responsible consumption.
Last summer, officials also announced the award of $35 million in grants to 88 local organizations, using funds generated from taxes on adult-use marijuana sales to support community reinvestment efforts. Since launching the program, Illinois has awarded over $244 million in marijuana revenue-funded grants to that end.
In his State of the State address in 2020, the governor joked that Illinois benefits from states not having legalized cannabis. Going back to his State of the State address in 2020, he said out-of-state dollars will end up coming to Illinois and paying taxes for cannabis products that bolster the state’s coffers.
Last year, state senators also considered a bill which would have allowed adults to use psilocybin in a controlled setting through service centres.
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