Illinois lawmakers have introduced legislation to limit law enforcement officers’ ability to perform vehicle searches solely on the scent of marijuana. It is a move to protect civil liberties while aligning policing with Illinois’ cannabis legalization law.

Legislative efforts to change search protocols

The Illinois Senate adopted Senate Bill 42 in April 2025. This bill stipulates that police cannot search vehicles based solely on the smell of cannabis. Sponsored by state senator Rachel Ventura (D-Joliet), the bill seeks clarification of law enforcement procedures after conflicting court decisions on this matter. SB 42 awaits the House of Representatives’ consideration and, should it be approved, the governor will have to sign the bill into law. 

Background on Conflicting Court Cases

Recent Illinois Supreme Court cases have left ambiguity about the legality for vehicle searches that are based solely on the smell of marijuana.

  • Redmond, People v. (2024). The court found that the odor of burned cannabis does not constitute probable cause to search a car. It acknowledged that it could be the result of legal consumption, and not necessarily criminal activity. 
  • People v. Molina (2024): The court also determined that the smell emanating from the vehicle was probable cause to search the vehicle, stating that this implied that cannabis had not been stored in a container that would have prevented the smell, which is required by law. 

The divergence in rulings has led to confusion and calls for clarification of the law among law enforcers as well as members of the public.

Civil Liberties and Law Enforcement

SB 42 supporters argue that the use of only cannabis odor to conduct vehicle searches could violate your privacy and unfairly target specific communities. The bill, they say, will ensure that vehicle searches are conducted based on evidence that is more solid.

In particular, when cannabis isn’t stored according to state regulations, law enforcement officials are concerned that this bill could hinder their efforts to detect and stop illegal transportation.

What Next?

As SB 42 moves through the legislative system, both parties continue to debate how best to balance effective law-enforcement and protection of individual rights within the context of changing cannabis laws.