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Police May Search A Vehicle Based On The Smell Of Raw Cannabis, Illinois Supreme Court Rules

The smell of raw cannabis is grounds for police to search a vehicle, the Illinois Supreme Court ruled Thursday.

The decision runs counter to the court’s previous ruling that the smell of burnt cannabis by itself is not sufficient reason for a vehicle search.

The two rulings create a situation in which, though it is illegal to smoke pot in a vehicle, drivers are protected from a search based only on the smell of burnt cannabis, but are not protected from a search based on the smell of raw marijuana.

The ruling came in the case of Vincent Molina, of Moline, who was a passenger in a vehicle that was stopped by a state trooper for speeding on I-88 in Whiteside County, near the Iowa border, in December 2020.

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