South Carolina lawmakers are introducing legislation to ban searching a car simply because it smells of weed

Rep. Deon Tedder (D-Charleston) has introduced a bill to end stops, searches, seizures and arrests based on cannabis smells. South Carolina lawmakers believed that the mere smell of marijuana on a person or in a vehicle does not give law enforcement officers permission to search a person. Especially in a state like South Carolina with approved legislation for hemp production.

Cannabis Scent Research

It has always been a regular occurrence for law enforcement to use cannabis smells as a probable reason to stop and search a vehicle without a warrant. Some of these checks and searches have resulted in arrests as soon as the weed is found.

This is happening in South Carolina and almost every state across the country. With the introduction of cannabis legislation, most cannabis advocates and legislators have embraced the motion to end the practice. The states set to follow this practice are those without cannabis reforms.

A bill to protect South Carolina residents

Rep. Tedder has cleared the air around the target of the new bill. He said the intent of the bill was solely to protect South Carolina residents, particularly those who work on industrial hemp farms and other minority communities. In no way can the law legalize or decriminalize cannabis in the state. The bill only aims to stop likely searches based solely on cannabis or hemp scents.

In a state that allows hemp cultivation, it’s not uncommon for workers at these locations to snore personal items like weed. Tedder’s bill will end the practice of stopping these individuals just because they smell like hemp, burnt, or fresh. In a statement, Tedder said smelling cannabis is not an illegal act. He added that a person who was with someone who uses hemp legally or marijuana illegally would still smell like hemp.

If a person’s personal belongings, like a car or clothes, smell like weed, it doesn’t necessarily mean the person used the substance.

Still, a person might smell like marijuana because they’re legally using products like hemp flower, CBD, and Delta-8, all of which smell and look like cannabis. Blaming innocent people who are legitimately exercising their rights just because of a suspicious smell is wrong and unprofessional.

It’s not the same as driving under the influence

Law enforcement officers have the right to search a person if they appear to be under the influence. Rep. Tedder’s proposed measure nowhere says that officers should be barred from searching a defendant accused of driving under the influence. Even in legal states, driving under the influence of alcohol is a crime. Tedder claimed that the majority of the defendants, particularly people of color, who were being searched were stopped simply because their personal belongings smelled of marijuana.

Studies and surveys show that marijuana use is not limited to skin color. Both whites and blacks use cannabis, but only blacks are three times more likely to be accused of cannabis-related crimes. The majority of felons arrested for marijuana possession in South Carolina are black. These numbers are also similar to national marijuana use and arrest rates.

Tedder says this illegal search and breed profiling is more or less a fishing trip. It only allows officers to search and find anything incriminating, cannabis or not. This bill ends that act. Not to mention that bad apples within the police force would be prevented from fishing for innocent residents just because they could.

Mixed feelings about the bill

Tedder stated that members of his party had broadly supported the bill. He claims to be working tirelessly to garner support from bipartisan lawmakers. He added that voters in his districts had shown support for the law, with some saying it was a long time coming.

The bill received mixed reviews in Rock Hill. Some agreed that searches based on the smell alone could violate constitutional rights. At the same time, some argued that police officers should be left alone to arrest or search a person suspected of doing something wrong. Another said a police officer can’t detect an odor until they conduct a search. If that law is passed, Tedder says it would set guidelines for law enforcement at the right time to look for a suspect.

South Carolina and cannabis

South Carolina is one of the few states in the US that has not legalized the use of cannabis for any purpose. Proponents predict this year could be the year medicinal cannabis is legalized in the state. Nevertheless, fingers are crossed.

Hemp is legal in South Carolina. Other cannabinoid products such as Delta-8, CBD, and hemp flower can be legally purchased from pharmacies in this state.

The South Carolina government legalized the cultivation of industrial hemp in 2017. This measure follows the federal law on agricultural holdings passed in 2014. Under the measure, fewer than 50 growers are allowed to grow hemp within the state. The total arable land covered by this measure is less than 3000 acres. A law also exempts children with severe epilepsy from being treated with low-THC or low-CBD oil as directed by a doctor licensed to prescribe medicinal cannabis.

Nancy Mace, a Congresswoman from South Carolina, is currently working on a federal marijuana legalization bill. Several attempts by attorneys and other legislators to do so at the state level have been unsuccessful. According to Representative Tedder, for a country as large and powerful as the United States, it is quite disappointing that there is no federal framework for legalizing cannabis. He described it as “crazy”.

bottom line

Many people are counting on this law to pass as it will save dozens of people from being charged or sentenced to prison.

Prosecutors and lawmakers agree that the bill is a step in the right direction, as officials often cite the smell of cannabis in their reports. It’s about time this stopped for good!

MORE ABOUT LEGALIZING SOUTH CAROLINA, READ THIS…

SOUTH CAROLINA VOTES ON MARIJUANA LEGALIZATION, READ MORE!

OR..

JUDGE DETERMINES MARIJUANA SMELL IS NOT A LIKELY CAUSE FOR SEARCH!