Illinois House is considering legislation to ban vehicle searches based on weed smell

Members of the Illinois House of Representatives are considering a bill that would ban police from searching vehicles based solely on the smell of cannabis. The measure, Senate Bill 125, was assigned to two House Legislative Committees after winning 33-20 approval from the Illinois Senate late last month.

Democratic Sen. Rachel Ventura, the legislation’s lead sponsor, said SB 125 will help people who legally use cannabis avoid searches by law enforcement simply because police catch the smell of marijuana.

“People — particularly people of color — are run over needlessly far too often,” Ventura said in a statement about the legislation. “The smell of cannabis alone shouldn’t be one of those reasons (for searching her car). Cannabis is legal in Illinois and has a pungent odor that can linger on clothing for a long time.”

If passed by the House of Representatives and signed into law by Democratic Gov. JB Pritzker, Senate Bill 125 would amend the Illinois Vehicle Code to state that “the smell of burnt or raw cannabis in a motor vehicle does not in itself constitute a probable cause for a search of the motor vehicle.” , the driver or the occupants of the vehicle” if the vehicle is operated by a person who is at least 21 years old.

At an April 11 press conference, Democratic Rep. Jehan Gordon-Booth said Senate Bill 125 was needed to fully implement the Recreational Marijuana Legalization Act, which was passed by state lawmakers and signed into law by Pritzker in 2019. According to the legislation, adults 21 and older are allowed to possess up to 30 grams (just over an ounce) of cannabis and up to five mature cannabis plants. Non-Illinois residents 21 and older may own up to 15 grams.

“It was incredibly important as we were trying to legalize this product that has clearly demonized so many communities,” said Jehan Gordon-Booth.

Weed in cars needs to be inaccessible

Senate Bill 125 also requires that cannabis owned by drivers or passengers in motor vehicles traveling on state highways be kept in a sealed or resealable child-resistant container in a secure, non-accessible location.

An amendment to the original bill limits protections from vehicle searches based on the smell of marijuana to cars operated by adults 21 and older. When the change was made to allow searches of vehicles operated by younger drivers, the Illinois chapter of the American Civil Liberties Union (ACLU) dropped its support for the law and instead took a neutral stance on the legislation .

“We are concerned that changing the bill creates a workaround or loophole that could encourage police to target juveniles for unnecessary traffic stops or vehicle searches,” said Atticus Ballesteros, an attorney with the Illinois ACLU. told the Rockford Register Star.

Ballesteros added that the Illinois ACLU originally supported the bill because there were numerous reasons a vehicle could smell of cannabis.

“And that applies to us regardless of age,” said Ballesteros.

Bill rejected by law enforcement agencies

Law enforcement officials, including Illinois Sheriff’s Association Executive Director Jim Kaitschuk, are opposing Senate Bill 215 and are urging lawmakers in the House to oppose the measure that bans vehicle searches based solely on the smell of weed.

“You can’t have endless marijuana in a vehicle,” Kaitschuk told The Center Square. “It’s only legal up to a certain amount. Will we also inhibit the possibility of intervention if the smell of burning cannabis could come from the vehicle when motorists could actually be affected?”

Kaichuk added he was concerned that if the law were passed, it could make it more difficult for law enforcement officials to crack down on the illicit market for cannabis and other drugs.

“I think this law may affect illicit markets in a way that allows people to carry more of the drug than they should,” he said. “Additionally, people may be trafficking marijuana cannabis to mask other drugs that may be illegally in the vehicle.”

Kaichuk added that he believes the bill is a solution to a problem that doesn’t exist.

“We don’t stop people just because we smell cannabis,” he added. “That’s not a likely reason to stop a car. There must have been some other act or activity related to a vehicle law violation that got us there.”

Senate Bill 125 was passed by the Illinois Senate on March 30 and is now pending in the state House of Representatives, where it has been assigned to the Rules Committee and Executive Committee. The Executive Committee has scheduled a hearing on the bill for April 19 in the state capital in Springfield.

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