Court makes important ruling on marijuana

The court in Illinois, where cannabis is legal, makes an important ruling on cannabis

With over 50% of the population in the U.S. and 100% of the population in Canada having access to legal cannabis, there have been some changes. All age groups are embracing it, including baby boomers who are using it in greater numbers for its medicinal benefits. Beer sales are down as people prefer vapes and gummy bears to high-calorie, hangover-inducing beer. And they're figuring out how to stop people from driving while under the influence. Now a state court is making a major ruling on marijuana that again distinguishes it from alcohol.

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Law enforcement has treated cannabis like alcohol when it comes to driving under the influence. The smell of either gives probable cause, but with marijuana, that is now doubtful. The Drug Enforcement Agency (DEA) is moving very slowly toward a decision on reclassifying cannabis. Part of the reasoning behind the DEA is to combat marijuana, and reclassification would change a focus. Multiple sources say the agency is not thrilled about the change and hopes that by delaying action until after the election, it might get a breather. But this court ruling puts even more pressure on the agency.

The ruling stems from a 2020 case in which Ryan Redmond was stopped by Illinois State Police on Interstate 80 in Henry County. According to court records, Redmond's license was not properly attached to the vehicle and he was driving 3 miles over the speed limit.

The police officer allegedly smelled marijuana from the inside of the car and then found a small amount of cannabis inside. Redmond was charged with transporting cannabis.

Redmond showed no signs of impairment, leading Neville to conclude that the officer's “reasonable suspicion” would not have led to a “probable cause search.”

The court decided that the smell of cannabis, unlike the smell of alcohol in the breath, did not constitute sufficient suspicion of a crime.

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This court's ruling could have implications for federal law. Currently, there is no completely reliable way to test people with data, such as a breathalyzer. The state's next step in adapting will likely be mimicked by other states to avoid lawsuits. This will have implications for federal policy… and perhaps bring the DEA into play.