In 2020 Can Police Search Your Car If They Smell Marijuana?

After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis?

The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020 The warrantless search of a car is authorized “where a trained and experienced police officer detects the odor of cannabis emanating from a defendant’s vehicle.” People v. Stout, 106 Ill.2d 77, 88 (1985)

The question today, is if this rule survived the cannabis law change in 2020.

In This Episode...

“The officer would probably be better suited to try and find more information, more probable cause, to layer that probable cause.” — John “Jack” Duggan

Attorney John Duggan

Jack’s father is a retired Chicago Police Officer. Jack followed in his father’s footsteps and became a Police Officer for the Village of Oak Park. While working as a Police Officer, Jack decided to continue his studies and attended The John Marshall Law School.

Jack focuses his practice in the areas of Real Estate, Family Law, Estate Planning, and selected criminal matters.

Jack Duggan’s Contact Information

782 Busse Highway Park Ridge, IL 60068 [email protected]

http://www.johnmdugganlaw.com/

Attorney Jeff Hall

“I basically call it the ‘sniff and search’ statute.” — Jeff Hall

“I basically call it the ‘sniff and search’ statute.” – Jeff Hall

Jeffrey R. Hall has practiced law since 2004, concentrating in the area of Criminal Law, DUI, Traffic Law, Driver’s License & FOID Card Reinstatement’s.

He began his legal career as an Assistant State’s Attorney in Tazewell County, IL.

Jeff Hall helped draft SB228 (passed on July 29, 2016), the popular Cannabis Decriminalization Bill and was an integral part of the legislative process, changing Illinois law from a “Zero Tolerance” state for cannabis related DUIs, to a more reasonable law that focused more on impaired driving.

Jeff Hall’s Contact Information

316 SW Washington Street, Suite 1A Peoria, IL 61602

[email protected]

http://www.centralillinoislawyers.com/

Links & Resources

• Cannabis Regulation and Tax Act
• Cannabis Control Act
• Illinois Vehicle Code
• The Sniff & Search Law – 625 ILCS 5/11-502.15

What The Illinois Cannabis Regulation And Tax Act Says About Lawful Limits?

410 ILCS 705/10-10. Possession Limit.

“(a) Except if otherwise authorized by this Act, for a person who is 21 years of age or older and a resident of this State, the possession limit is as follows:

(1) 30 grams of cannabis flower; (2) no more than 500 milligrams of THC contained in cannabis-infused product; (3) 5 grams of cannabis concentrate; and (4) for registered qualifying patients...”

Strict Prohibition of Cannabis Possession For Those Under 21

410 ILCS 705/10-15. Persons under 21 years of age.

“(b) Notwithstanding any other provisions of law authorizing the possession of medical cannabis, nothing in this Act authorizes a person who is under 21 years of age to possess cannabis. A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act. (c) If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.” Further Limitations And Prohibition Of Cannabis In Certain Places

410 ILCS 705/1-35. Limitations and penalties.

“a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct... (2) possessing cannabis: (D) in a vehicle not open to the public unless the cannabis is in a reasonably secured sealed, container and reasonably inaccessible while the vehicle is moving; or... (3) using cannabis: (D) in any motor vehicle; (F)...in any public place; or (G) knowi...