Illinois Bills to solidify vehicle cannabis-odor ruling
September 19, 2022, a ruling by the Appellate Court of Illinois (Third District) delivered the judgment that the “smell of burnt cannabis” alone did not provide an “officer with probable cause to search the vehicle.” According to Associate Judge Daniel P. Dalton of the Whiteside County Court, the decision hinged “on the changing landscape of cannabis law.” During this session of the 103rd General Assembly, three bills dealing with the smell of burnt or raw cannabis in a motor vehicle may solidify that Appellate Court ruling.
The same day of the Appellate Court decision, Senator Don Harmon sponsored an amendment to the Illinois Vehicle Code and Cannabis Regulation and Tax Act. On January 24, 2023, Sen. Rachel Ventura filed with the Secretary SB0125, and February 7,2023, Rep. Curtis J. Tarver, II filed with the Clerk HB1205.
SB0125 amends the Illinois Vehicle Code and provides that “the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of a motor vehicle or person.” After the first reading of the bill, SB0125 was referred to Assignments.
HB1205 provides that “if a motor vehicle is driven or occupied by an individual 21 years of age or over, a law enforcement officer may not search or inspect the motor vehicle, its contents, the driver, or the passenger solely because a law enforcement officer or a police dog trained in the detection of cannabis smelled that cannabis is present in the private motor vehicle. Provides that a defendant aggrieved by such an unlawful search and seizure may move the court for the return of property and to suppress as evidence anything so obtained.”
HB1205 also provides “that, in calculating the weight of cannabis for the purpose of imposing a penalty against an individual, the weight of the amount of cannabis that may be legally possessed by the individual under the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act shall be subtracted from the total weight used in determining the offense class or applicable fine.” After its first reading, HB1205 was referred to the Rules Committee January 31. February 7, the bill was assigned to the Executive Committee.
In related legislative news, February 7, Rep. Curtis J. Tarver, II also sponsored HB1206, which takes out the phrase “odor-proof” from the Illinois Vehicle Code. HB1206 amends the Illinois Vehicle Code in “provisions concerning possession of medical cannabis or cannabis in a motor vehicle upon a highway in this State, provides that the medical cannabis or cannabis must be in a secured, sealed or resealable, and child-resistant container (instead of a secured, sealed or resealable, odor-proof, and child-resistant medical cannabis or cannabis container). For more Illinois cannabis industry news, visit here.
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