The Michigan Supreme Court last week ruled that the vehicle searches based solely on low-level cannabis violations are illegal. In the 5-2 ruling, the court determined that probable cause to believe someone is committing a civil infraction “does not establish probable cause to conduct a warrantless search under the (Fourth Amendment) automobile exception.”
“The people of Michigan demonstrated a reduced state interest in enforcement of laws prohibiting marijuana possession and use when they took the offense out of the realm of criminal law. … Instead, a police officer performing a warrantless search under the automobile exception must have probable cause to believe that contraband or evidence of a crime will be found in a particular place. The amount of pot present is what defines a civil offense and a crime. Therefore, an officer performing a warrantless automobile search must have probable reason to believe that there are criminal amounts of marijuana in the vehicle. Substances prohibited by civil law do not qualify as “contraband”, for the purposes of justifying a warrantless car search based on probable causes under the Fourth Amendment. Moreover, the smell of marijuana does not per se provide probable cause regarding possession of a criminal amount.” — People v Wilkins, 6/22/26
The trooper approached the vehicle and noticed that it reeked of cannabis. However, he did not see any marijuana in plain view. Neither defendant nor passenger appeared to be smoking or drunk.he case centers around Freddie Wilkins, III, who was charged with carrying a concealed weapon in a vehicle after a Michigan State Police trooper pulled him over for speeding. As the trooper approached the vehicle, he noticed the smell of cannabis from the open passenger-side window, but he did not see cannabis in plain view and neither defendant nor the passenger was smoking cannabis or appeared intoxicated. T
The trooper learned that Wilkins and the passenger were under the age of 21, and when initially questioned, both denied having cannabis; however, the passenger later admitted that she had some “shake,” which the trooper understood to mean a small amount of cannabis, the possession of which in small amounts by a person under the age of 21 is a civil infraction under state law. The trooper then searched the vehicle and found a firearm, which Wilkins admitted belonged to him.
Lower courts upheld the search, despite Wilkins’ claim that the search was in violation of the Fourth Amendment. The case moves back to Kent Circuit Court which will determine whether to continue pursuing the case following the Supreme Court decision.
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Cannabis Law Resources – Poland
Browse essential legal pages on cannabis sales and cultivation in Poland. These guides will help you understand the legal requirements, such as certifications and permissions.
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Polish News Registration and Interests of Cannabis Businesses
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Permissions for Cannabis Sales in Poland
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Authorization for Importing or Manufacturing Medical Products
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Permission for Manufacturing or Importing Medical Products
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Certificate of Good Manufacturing Practices (GMP)
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Registration of Medical Products in Poland