SPRINGFIELD – A measure from State Senator Rachel Ventura stipulating the odor of raw or burnt cannabis could not alone constitute a search of a motor vehicle, driver or passenger passed through the Senate, aiming to clarify law enforcement’s handling of driving situations involving cannabis.

“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 (D-Joliet). “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.”

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.

Senate Bill 42 would remove odorless packaging requirements while continuing to require that cannabis be stored in a secured, sealed or re-sealable child-resistant container. Under the bill, law enforcement would not be able to stop, detain or search a vehicle whose driver or passengers are 21 or older solely based on the odor of cannabis.

"Senate Bill 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. Senate Bill 42 will also relieve the burden on law enforcement to decipher the difference between raw and burnt cannabis."

Senate Bill 42 passed the Senate on Thursday.

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