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   From: nospam@comcast.net   
      
   The smell of raw cannabis is grounds for police to search a vehicle, the   
   Illinois Supreme Court ruled Thursday.   
      
   The decision runs counter to the court’s previous ruling that the smell   
   of burnt cannabis by itself is not sufficient reason for a vehicle search.   
      
   The two rulings create a situation in which, though it is illegal to   
   smoke pot in a vehicle, drivers are protected from a search based only   
   on the smell of burnt cannabis, but are not protected from a search   
   based on the smell of raw marijuana.   
      
   The ruling came in the case of Vincent Molina, of Moline, who was a   
   passenger in a vehicle that was stopped by a state trooper for speeding   
   on I-88 in Whiteside County, near the Iowa border, in December 2020.   
      
   After the trooper said he smelled raw cannabis coming from the open   
   window of the car, he searched it and found several marijuana joints in   
   the center console, and cannabis in a sealed box in the glove compartment.   
      
   Molina was charged with misdemeanor possession because he wasn’t   
   transporting the cannabis in the proper container. The trial court ruled   
   the search was not justified because possession of small amounts of   
   marijuana has been legal in Illinois since the beginning of 2020. The   
   appeals court reversed the ruling.   
      
   The case was combined at a high court hearing with the case of Ryan   
   Redmond, in which the court ruled that the smell of burnt cannabis by   
   itself was not grounds for a search. While it’s illegal to smoke pot in   
   a private vehicle, the court suggested that the smell of burnt cannabis   
   could come from smoking before getting into the car.   
      
   “In short, while cannabis is legal to possess generally, it is illegal   
   to possess in a vehicle on an Illinois highway unless in an odor-proof   
   container,” the court wrote in the Molina case. “The odor of raw   
   cannabis strongly suggests that the cannabis is not being possessed   
   within the parameters of Illinois law. And, unlike the odor of burnt   
   cannabis, the odor of raw cannabis coming from a vehicle reliably points   
   to when, where, and how the cannabis is possessed — namely, currently,   
   in the vehicle, and not in an odor-proof container.”   
      
   Justice Mary K. O’Brien, joined by Chief Justice Mary Jane Theis, wrote   
   a strong objection to the 4-2 ruling. Justice Lisa Holder White did not   
   take part in the vote.   
      
   “I dissent from the majority opinion simply to point out the absurdity   
   of this inconsistency,” O’Brien wrote. “It makes no sense to treat raw   
   cannabis as more probative when the odor of burnt cannabis may suggest   
   recent use, whereas the odor of raw cannabis does not suggest   
   consumption. If the crime suggested by the odor of burnt cannabis is not   
   sufficient for probable cause, then certainly the crime suggested by the   
   odor of raw cannabis cannot be either.”   
      
   Defense attorney James Mertes said he would appeal the decision to the   
   U.S. Supreme Court.   
      
   “This means that the privacy rights of motorists in Illinois have been   
   turned over to the police officer’s sense of smell,” Mertes said. “While   
   we certainly respect the decision of the court, we share the view of the   
   dissenters that this creates a constitutional absurdity.”   
      
   State lawmakers previously removed the requirement for storing pot in an   
   odor-proof container in a vehicle from the law legalizing weed, but they   
   did not remove that requirement from the vehicle code. The state Supreme   
   Court suggested that those laws should be made consistent.   
      
   “I have always understood that the issues at stake are much more   
   important than just my case,” Molina said in a statement through his   
   lawyer. “I am discouraged by the Illinois Supreme Court’s decision, but   
   I am encouraged to now ask that this matter be decided by the United   
   States Supreme Court.”   
      
   “We are pleased that the court has provided needed clarification of the   
   law,” the office of Illinois Attorney General Kwame Raoul said in a   
   brief statement.   
      
   Originally Published: December 5, 2024 at 1:27 PM CST   
      
   https://www.chicagotribune.com/2024/12/05/police-may-search-a-ve   
   icle-based-on-the-smell-of-raw-cannabis-illinois-supreme-court-r   
   les/?itm_source=parsely-api   
      
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