After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? Episode 745 (Duration 44:50)
The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020
The question today, is if this rule survived the cannabis law change.
In This Episode…
“The officer would probably be better suited to try and find more information, more probable cause, to layer that probable cause.” — John “Jack” Duggan
Attorney John Duggan
Jack’s father is a retired Chicago Police Officer. Jack followed in his father’s footsteps and became a Police Officer for the Village of Oak Park. While working as a Police Officer, Jack decided to continue his studies and attended The John Marshall Law School.
Jack focuses his practice in the areas of Real Estate, Family Law, Estate Planning, and selected criminal matters.
Jack Duggan’s Contact Information
782 Busse Highway
Park Ridge, IL 60068
Attorney Jeff Hall
“I basically call it the ‘sniff and search’ statute.” – Jeff Hall
Jeffrey R. Hall has practiced law since 2004, concentrating in the area of Criminal Law, DUI, Traffic Law, Driver’s License & FOID Card Reinstatement’s.
He began his legal career as an Assistant State’s Attorney in Tazewell County, IL.
Jeff Hall helped draft SB228 (passed on July 29, 2016), the popular Cannabis Decriminalization Bill and was an integral part of the legislative process, changing Illinois law from a “Zero Tolerance” state for cannabis related DUIs, to a more reasonable law that focused more on impaired driving.
Jeff Hall’s Contact Information
316 SW Washington Street, Suite 1A
Peoria, IL 61602
Links & Resources
- Cannabis Regulation and Tax Act
- Cannabis Control Act
- Illinois Vehicle Code
- The Sniff & Search Law – 625 ILCS 5/11-502.15
What Amount Of Cannabis Remains Illegal In Illinois?
The passing of the Illinois Cannabis Regulation and Tax Act did not completely legalize all amounts of marijuana possession.
The new law makes it clear that possessing over 30 grams of cannabis remains illegal in Illinois.
Strict Prohibition of Cannabis Possession For Those Under 21
Additionally, anyone under the age of 21 years is strictly forbidden from using or possessing cannabis in Illinois.
Further Limitations And Prohibition Of Cannabis In Certain Places
Cannabis decriminalization in Illinois seeks to make consumption of cannabis a private affair. Use of cannabis in public or in a vehicle is still prohibited.
The Cannabis Control Act Still Criminalizes Possession Of The Following Amounts Of Cannabis…
Possession of more than 30 grams of cannabis is a Class A Misdemeanor in Illinois. Amounts above 100 grams is considered a felony offense. See the classifications listed below:
Delivery And Possession With Intent To Deliver Cannabis Remains Illegal
Additionally, delivery of anything above 2.5 grams is strictly criminal. Violations range from Class B Misdemeanors up to a Class 1 Felony. See below:
The Illinois Vehicle Code Still Criminalizes Cannabis Related DUI’s
Driving under the influence of cannabis remains illegal and is considered a DUI.
625 ILCS 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
The “Sniff & Search” Law – 625 ILCS 5/11-501.15
This is the law Jeffrey Hall refers to as the “Sniff & Search” law. The law criminalizes possession and use of cannabis in a vehicle under certain conditions.
“Can’t Miss” Moments From Episode 745
✓ An officer who encounters the odor of cannabis in a car might have to start running through a mental checklist. What are the things they should be checking-off? (Go to 4:46)
✓ Legitimate law enforcement objectives are implicated by the smell of weed. After Illinois has decriminalized marijuana what legitimate law enforcement concerns remain on the table? (Go to 5:42)
✓ There is at least one situation where a car reeking of cannabis is going to get searched by the police. Jump to this spot to find out what that situation is. (Go to 7:50)
✓ What does a positive drug dog sniff mean now that some cannabis can be possessed legally? (Go to 11:50)
✓ How does the plain view doctrine affect this question? What have other legalized states done with this question of allowing officers to search car based on the smell of cannabis? (Go to 22:01)
✓ How a “sealed, odor-proof, child-resistant cannabis container” can be the difference between wide spread car searches in Illinois and/or very limited ones. (Go to 24:50)
✓ Urban Dictionary defines “hotboxing” as, “n. The practice of smoking marijuana in an enclosed space (e.g. a car or a small room) in order to maximize the narcotic effect.” (Go to 34:20)
You may also want to check out…
- People v. Rice, 2019 IL App (3d) 170134 (April). Episode 623 (Duration 7:36) (odor of cannabis indicative of criminal activity)
- Episode 556 – Interview With Charles Schierer | The Best Reason To Change The “Smell Of Cannabis” Rule
- Episode 509 – In re O.S., 2018 IL App (1st) 171765 (June) (1st District also says smell of weed rule is still valid)
- Episode 584 – People v. Hill, 2019 IL App (4th) 180041 (January) (4th District says the same thing adding burnt or raw cannabis doesn’t matter that car is getting searched)
- Episode 621 – People v. Brandt, 2019 IL App (4th) 180219 (April) (officer smelled cannabis and that justified the warrant)
- Episode 340 – Kim Bilbrey on The Magic Words That Instantly Allow An Officer To Search A Car Without A Warrant
- Episode 558 – People v. Williams, 2018 IL App (2d) 160683 (October)(odor of alcohol alone means nothing)
- Episode 015 – People v. Abdur-Rhamim, 2014 IL App (3d) 130558 (August) (Police Can Search A Car In Illinois If The Smell Marijuana, So What Went Wrong Here For The Police?)
- Episode 276 – You Just Can’t Ignore The Stench Of Weed In An Auto Accident
- Episode 207 – With Ken Wang – Give Us 24 Minutes And You’ll Get a Comprehensive Debriefing on The New Illinois Marijuana Law
- Episode 251 – With Jeffrey Hall – On The Latest Developments And Problems With The Illinois Cannabis Decriminalization Law
- Episode 196 – Dog Sniff Alert To Drugs Will Lead To Car Search