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“Raw Cannabis” Smell in a Car Ruled as Probable Cause

By Tony Collins Dec 12, 2024 | 6:44 AM

(Undated) — The Illinois Supreme Court ruled last week that the smell of “raw cannabis” in a vehicle provides police with probable cause for a search of the vehicle. The ruling comes months after the court ruled the smell of burnt cannabis does not give police probable cause to search a vehicle, drawing a fine line for motorists and police to follow when evaluating legal possession of cannabis. According to Justice, P. Scott Neville, “the odor of raw cannabis strongly suggests that the cannabis is not being possessed within the parameters of Illinois law.” Illinois law requires cannabis to be in a “sealed, odor-proof, child-resistant cannabis container” when in a car and for it to be “reasonably inaccessible while the vehicle is moving.”

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