Bills Passed to End Police Stops and Seizures For Marijuana Smell in Virginia

A law that will stop police searches centered on the smell of marijuana will take effect in March 2021.

Virginia Senate Bill 5029 states “no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding.”

The bill does allow for searches in an airport or if the violation happens in a commercial motor vehicle.

Read the entire bill here which contains more detailed information.

All about Virginia according to Wikipedia

Other States and the Smell of Marijuana

Maryland – Highest Court Rules Cops Can’t Search You Based On Cannabis Smell
https://www.outlawreport.com/blog/maryland-cannabis-smell-ruling

Pennsylvania – Appeals court says – Court: Pot Smell Alone Can’t Form Basis
for Vehicle Search
https://www.usnews.com/news/best-states/pennsylvania/articles/2020-10-02/court-pot-smell-alone-cant-form-basis-for-vehicle-search

New York – Officers Said They Smelled Pot. The Judge Called Them Liars.
Courts in New York have long ruled that if a car smells like pot, the police
can search it. But now, a backlash is mounting.
https://www.nytimes.com/2019/09/12/nyregion/police-searches-smelling-marijuana.html

Michael Komorn-Criminal Defense Attorney

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