Smell of marijuana no longer legal grounds for search

The Michigan Supreme Court has ruled that the smell of marijuana alone is no longer sufficient probable cause for police to conduct a warrantless search of a vehicle. This decision overturns a previous precedent where the odor of marijuana was considered enough justification for a search.

The Court reasoned that because the use and possession of marijuana is now legal for adults in Michigan under certain circumstances (following the Michigan Regulation and Taxation of Marihuana Act – MRTMA), the smell of marijuana no longer automatically indicates illegal activity. The odor could just as likely be associated with the legal possession or recent legal use of marijuana.

Therefore, the Court concluded that while the smell of marijuana can still be a factor in determining probable cause, it must be accompanied by other specific and articulable facts indicating illegal activity to justify a search.

This ruling stems from a case where a firearm was found in a vehicle after a search was conducted based solely on the smell of marijuana. The Supreme Court sided with the lower courts in suppressing the evidence, stating that the initial search was unlawful because the smell of marijuana alone did not provide probable cause in light of the state’s legalization of cannabis.

This decision is a significant shift in Michigan law and will likely impact how law enforcement conducts vehicle searches. It emphasizes the need for additional evidence beyond the smell of marijuana to establish probable cause for a search.

They can’t say because we smell weed we are going to search your car. Because the whole town may reek.  Alas… there are a hundred other words to choose from to make the arrest.

They have to say something else now. If you’re sitting behind the wheel of a motorized vehicle all a police officer has to say is “I believe you’re impaired”. And operating a motor vehicle impaired is a crime.

So don’t think this is a win. Maybe a little one.

Read the ruling linked below.

Michigan Supreme Court Smell of marijuana no longer legal grounds for search