Illinois bill would prevent car searches based on raw cannabis smell

May 12, 2025

SPEINGFIELD, Ill. (KWQC) – Cannabis confusion has been a common theme in Illinois since legalizing marijuana back in 2020.

The issue stems from two state Supreme Court decisions, one that said police can’t search a car if they smell burnt cannabis, but they can search a car for the smell of raw cannabis.

Now, some state lawmakers want to clear up the confusion by also blocking police from searching a car for the smell of raw cannabis.

The reason the Illinois Supreme Court said police can search a car that smells like raw cannabis is because state law requires people to keep it in a smell-proof container.

A bill would take out that requirement, and by extension, block police from searching a car based on the smell of cannabis, burnt or raw.

The bill passed the Senate last month, but House Representatives have come concerns. Some want to make sure this bill would actually clear up confusion and not create more problems for police.

“My goal is ultimately to work toward something that makes sense, not something that ties the hands of law enforcement,” State Representative Curtis Tarver II said.

Another state Representative said the bill’s priorities are wrong. He thinks the state needs to solidify how to test people for cannabis intoxication before taking a tool away from police to investigate marijuana cases on the road.

“My preference would be to resolve those intoxicated motorist issues before we start making changes to the cannabis statue,” state Representative Patrick Windhorst said.

The House could take up the bill as soon as Tuesday.

 

Search

RECENT PRESS RELEASES

Go to Top