Politics
Illinois House Committee Approves Bill To Prevent Police From Using Marijuana Smell To Justify Vehicle Stops
A Senate-passed bill in Illinois that would clarify that police may not stop or detain drivers, or search their vehicles, based solely on the smell of cannabis had an initial House committee hearing on Friday, where lawmakers advanced the proposal on a 8–6 vote.
The legislation—SB 42, sponsored by Sen. Rachel Ventura (D)—next moves to the House floor.
But while the House Judiciary Criminal Committee advanced the measure with a do-pass recommendation, the bill’s House sponsor told colleagues at Friday’s that he doesn’t yet think it is ready to become law.
Instead, said Rep. Curtis J. Tarver II (D), he’d like to see it held on the House floor while authors iron out concerns raised by law enforcement.
“In my mind, my goal and the most ideal situation is to move this to second [reading], to hold it on second and to continue to work with my colleagues, and law enforcement, more specifically,” Tarver told members of the panel.
The proposal—which would further remove a requirement that marijuana be transported in odor-proof containers—is intended to address a state Supreme Court ruling late last year that said police are justified in searching a vehicle if they smell raw marijuana. Justices wrote that the smell means it’s “almost certain” the unused product isn’t in sealed an odor-proof container as required by law.
Many, however, felt the ruling was incongruous with a separate Supreme Court decision a few months earlier that found that the smell of burnt cannabis was insufficient cause to search a vehicle.
“There are now a myriad of situations where cannabis can be used and possessed, and the smell resulting from that legal use and possession is not indicative of the commission of a criminal offense,” the earlier opinion said.
At Friday’s hearing, Tarver said he believes SB 42 “is not the solution” to the situation but that it’s worth pursuing further.
“I think it’s very clear from talking to members of this committee, also talking with law enforcement,” he said, “but I just seek the opportunity to continue to work on the issue.”
“I commit to working diligently and in good faith with all the stakeholders,” Tarver added in response to a question from Republican Floor Leader Rep. Patrick Windhorst, “your side, my side, law enforcement—who I consider to not be on either side—to try to put something forward.”
Windhorst, for his part, said he’s concerned that changing the law around the odor of marijuana could exacerbate marijuana-impaired driving. “My preference would be to resolve those intoxicated motorist issues before we start making changes to the cannabis statute in your direction,” he said.
“I’ll say this,” replied Tarver: “I don’t think any of us disagree about our collective desire to reduce fatalities in general… I don’t know the nuances of the gaps that you identify, but I’m happy to have that conversation.”
“What I will say is that the underlying thing for a lot of these bills,” continued Tarver, who is Black, “is that the underlying thing for a lot of these bills—your community and my community may be different, right? And so some of the concerns of folks in my community is how broad some of these things are.”
Critics of the use of marijuana odor as probable cause for vehicle stops and searches argue that that police disproportionately enforce drug laws against Black Americans and other people of color, and allowing stops based on the claimed smell of cannabis could increase enforcement bias.
Ventura, the bill’s Senate sponsor, said in a press release following the Senate’s 33–20 passage of the measure last month that the past state Supreme Court rulings “gave a conflicting directive between raw and burnt cannabis, shifting a huge burden to law enforcement to know the difference.”
“This bill aims to bring clarity by directing law enforcement to consider all factors—not just odor—in deciding if the law has been broken,” she said.
In Ventura’s release, Peter Contos, deputy director of the Cannabis Equality Illinois Coalition, called the bill “another step forward in modernizing Illinois cannabis laws.”
“Removing the odor-proof container rule will provide drivers the peace of mind of knowing they cannot be stopped solely for possessing a legal product,” he said. “Senate Bill 42 will also relieve the burden on law enforcement to decipher the difference between raw and burnt cannabis.”
A number of other states have passed laws around the smell of cannabis to justify police searches. Prior to legalization taking effect in Maryland, for example, Gov. Wes Moore (D) allowed a bill to become law that prevents police from using the odor or possession of cannabis alone as the basis of a search. GOP lawmakers unsuccessfully attempted to reverse that policy.
The Minnesota Supreme Court also ruled last year that police can’t use the smell of cannabis alone to justify vehicle searches—a ruling that has since been codified by the legislature and signed into law by Gov. Tim Walz (D).
And in New York this week, Gov. Kathy Hochul (D) signed a budget bill into law that notably does not include a controversial marijuana provision she proposed that would have allowed police to use the smell of marijuana as probable cause that a driver is impaired and then force them to take a drug test.
Amendments by lawmakers removed the provision, which a coalition of 60 reform groups had argued in a letter to Hochul and top lawmakers would “repeat some of the worst harms of the War on Drugs” and allow law enforcement to “restart unconstitutional racial profiling of drivers.”
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Meanwhile in Illinois earlier this year, Gov. J.B. Pritzker (D) touted the state’s record-setting $2 billion in marijuana sales in 2024, applauding the “thriving” industry while criticizing the “proliferation of the unregulated intoxicating hemp market.”
“The numbers are clear: Five years after we legalized adult use cannabis in Illinois, we’re seeing the economic impact of a thriving cannabis industry,” he said.
But the governor said while he’s “pleased with the continued success of cannabis sales and revenues in Illinois, the market is being undermined by the proliferation of the unregulated intoxicating hemp market.”
“Licensed cannabis businesses comply with strict state regulations, pay significant taxes, and undergo rigorous product testing,” he said. “This unchecked market not only undercuts legal operators but also puts consumers at risk by flooding the industry with untested, potentially unsafe products.”
Pritzker has been vocal about his concerns over the unregulated hemp market, and he said in January that he was “tremendously disappointed” that a bill to impose restrictions on the sale of intoxicating hemp products that he advocated for stalled out in the legislature.
Separately, a report from the state Cannabis Regulation Oversight Office that was released late last year detailed how 2024 saw the single-largest expansion of stores since Illinois began opening medical marijuana dispensaries, with 82 new retailers opening for business—many of which are owned by social equity licensees.
“As additional dispensaries open their doors, that increased competition leads to increased availability of product and better prices for consumers—just as we anticipated,” Cannabis Regulation Oversight Officer Erin Johnson said on Thursday. “We look forward to the continued growth and success of Illinois’ cannabis industry, leading to further economic development and public awareness and support for responsible consumption.”
Last summer, officials also announced the award of $35 million in grants to 88 local organizations, using funds generated from taxes on adult-use marijuana sales to support community reinvestment efforts. Since launching the program, Illinois has awarded over $244 million in marijuana revenue-funded grants to that end.
The governor has frequently joked about the fact that Illinois is benefiting from the lack of legal access in surrounding states. Going back to his State of the State address in 2020, he said out-of-state dollars will end up coming to Illinois and paying taxes for cannabis products that bolster the state’s coffers.
State senators last year also took up a bill that would have legalized psilocybin and allowed regulated access through service centers, where adults could use the drug in a supervised setting.
