The Illinois Senate Criminal Law Committee is working to pass a bill that would eliminate the odor of cannabis as probable cause for police officers to conduct vehicle searches.
As of Feb. 25, the bill has passed its second reading and awaits further review and voting.
The bill comes after a pair of rulings dating back to September 2024, in which the Illinois Supreme Court ruled that the smell of burnt cannabis did not give officers probable cause to search a vehicle.
In December, the court ruled that the smell of raw cannabis was probable cause for a vehicle search. Now, the senate committee works to ensure that odor from cannabis fails to warrant a vehicular search.
In early 2020, an Illinois State Trooper initiated a traffic stop on a driver for speeding. Upon interacting with the driver, Vincent Molina, the state trooper reported smelling marijuana and searched the driver’s vehicle. The state trooper subsequently discovered several marijuana cigarettes in the car and charged the driver with a misdemeanor.
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The case was a catalyst for many of the rulings and bills currently attempting to pass. The legality of charging Molina with marijuana possession sparked significant discourse.
Illinois State Senator Rachel Ventura is a proponent of the bill, and she explained its purpose and intended impact.
“This legislation seeks to establish clear guidelines by ensuring that the odor of raw or burnt cannabis alone cannot justify the search of a vehicle, driver or passenger,” Ventura said. “Individuals may carry the scent of cannabis for various reasons, including medical use, and should not be subjected to unwarranted searches based on odor alone.”
Illinoisans have also questioned whether having cannabis outside of an odor-proof container is worse than having the odor of burnt cannabis in a vehicle.
“In the (discussion) of People v. Molina, Justice Mary K O’Brien, joined by Chief Justice Mary Jane Theis, argued that distinguishing between the odors of raw and burnt cannabis is illogical, as the scent of burnt cannabis may indicate recent use, whereas raw cannabis does not necessarily suggest consumption,” Ventura said.
Chief Justice Scott Neville Jr. also supports the bill. He argued that if the smell of burnt cannabis fails to meet probable cause for vehicular searches, the same should apply to the smell of raw cannabis.
“This perspective underscores the inconsistency in the current legal framework, which places an unreasonable burden on law enforcement officers to differentiate between raw and burnt cannabis odors in determining probable cause,” Ventura said.
There are also questions surrounding whether the removal of odor-proof container requirements would make illegal cannabis transportation more likely.
Ventura explained how this bill would make the specifications for carrying cannabis in a vehicle more clear, increasing protection for citizens.
“The legislation ensures that law enforcement focuses on observable signs of impairment — such as erratic driving or slurred speech — rather than relying solely on odor as probable cause,” Ventura said. “SB42 would remove the odorless packaging requirement while requiring cannabis in a vehicle still be kept in a secured, sealed or resealable child-resistant container, ensuring both safety and compliance with state law.”
The bill is on its third and final reading in the senate. If approved, it will move to the Illinois House of Representatives for committee review and a full vote. Gov. JB Pritzker’s desk is its last stop for approval, according to Ventura.
