Marijuana smell during a traffic stop is not a likely cause for arrest, says the Delaware Supreme Court

It’s very easy to get carried away with the surge in medical and recreational marijuana legalization in many states in the United States. Even so, it’s important to remember that the natural product is still illegal when it comes to the federal government, and there is no better way to show this than through law enforcement. The controversial nature of this agreement easily puts many cannabis users in difficult situations, especially in states where cannabis is legal.

Although we are still a long way from mainstream legalization on the federal scene, there is still some progress, especially in the judicial system. This was illustrated by the example of the Delaware Supreme Court, where a recent ruling caught the attention of many in the industry and raised hopes for better days among cannabis users. The Delaware Supreme Court ruling states that the smell of cannabis while driving is insufficient as a likely cause for arrest. This has been a reality for some time before this practice opened up new avenues for protecting cannabis users. A closer look at this case will show why it is monumental.

Delaware cannabis advocates have long longed to win the fight to further decriminalize the natural herb, and very few victories can be as monumental as the one they just had. Many believe it shows the state of Delaware is taking a pioneering stance on cannabis laws, a stance that many states will hopefully soon follow. That verdict protected a 15-year-old man who was deemed to have been victimized for his rights following the arrest.

The substantiated reasons for the case were drawn from a traffic stop in 2019 that resulted in a marijuana-related arrest. In this case, the court previously ruled that the smell of alcohol on the driver’s breath was insufficient as a likely reason for a DUI arrest. This well-established premise helped establish the same motion in the case of the 15-year-old arrested under similar circumstances.

A closer look at Juliano’s case

The real case that caused so much turmoil came from an incident in January 2019 at a traffic stop in Dover. The officers assumed that the driver of the SUV was not wearing seat belts and instructed everyone to get out of the vehicle, after which a search was initiated. The result of the search was found to be clean, nothing illegal was found in the vehicle, but drugs were found in two people. Juliano, then 15, was taken to the Dover Police Department where she was told that she would be fully searched. The minor decided quickly to admit that she had a bag of marijuana and a bag of cocaine and turned them over.

Juliano’s lawyer decided to bring the matter up in the family court, demanding that the evidence obtained during an illegal search be suppressed. However, this was not granted as suspicion that the driver was not wearing seat belts justified the stop. The smell of marijuana was also confirmed to be sufficient for the arrest. Juliano’s criminal history, including other passengers involved, resulted in her being prosecuted for heavy possession of marijuana and cocaine.

That ruling led Juliano to appeal to the Supreme Court, where the traffic control pretext was challenged on the grounds that the marijuana may have been used for medicinal purposes. That appeal was denied and the case was referred back to the family court for a more complex statement to base the search on. During her arrest, the possession of small amounts of marijuana by a person under the age of 18 was considered a crime in Delaware. This was used by the court to explain that the court needed a more likely reason to believe Juliano was in the possession of marijuana, even considering she was a teenager.

The case was won on the basis that the arrests preceded the search of the vehicle, indicating that the arrest was not supported by a probable cause. This is independent of the result of the eventual search and the fruits that they may have brought.

Reactions and effects

Deputy Director of the National Organization for the Reform of Marijuana Laws, Paul Armentano, spoke on the verdict, stating that it was the first time a state’s Supreme Court has taken a stand on such a matter. The question of what is the likely reason for a hitchhiker and marijuana arrest while driving has always been a gray area that many have tried to avoid in the past. However, he was grateful that the Delaware Supreme Court had chosen to take a stand on the matter and lead others the way. Armentano believes this shows a growth and development in the courts, and signals a change in their attitudes towards cannabis cases, both legally and culturally.

The main fixation of the court in this matter is that the suspicion alone cannot be used to justify an arrest without a warrant, since a more weighty probable cause must be established. Delaware ACLU executive director Mike Brickner stated that this is a common occurrence at traffic stops, where the smell of marijuana is easily used as a pretext for searches and arrests. This is primarily disrespectful of the rights of the Delaware Fourth Amendment, and many have been victimized for too long.

Bottom line

For some, this may be a small win, but for those in the cannabis industry and most proponents of cannabis reform, it is a huge win. More in this light will further raise awareness and give cannabis users more air to breathe. You can expect more such decisions in favor of cannabis users in the future.

In the United States, there is a shift in perspective on all fronts. Are we finally entering the age of total reform of cannabis laws? Let us know what you think in the comments section below.

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