The Illinois Senate has approved legislation to prevent the use of the smell of marijuana as a possible reason for searching a vehicle or its occupants.
The Senate voted 33-20 on Thursday to pass the bill, SB 125. It is now scheduled to be considered by the state House of Representatives.
The bill’s sponsor, Sen. Rachel Ventura (D), said in a statement from Senate Democrats that the proposal would protect the rights of Illinosians against unreasonable searches.
“People — especially people of color — are pulled off a lot unnecessarily,” Ventura said. The smell of cannabis alone should not be one of these reasons. Hemp is legal in Illinois and is a pungent odor that can stick to clothing for long periods of time.”
.@employee A bill to remove the smell of cannabis leads as a possible reason for a vehicle search https://t.co/f0AMUw5Gy6 pic.twitter.com/jtqPpPjRSQ
– IL Senate Democrats (ILSenDems) March 31, 2023
The Senate Democrats’ release notes that the bill was in response to a Will County court case in which a defendant was pulled over and arrested after the officer detected “a strong smell of burning cannabis coming from the vehicle.” The defendant said someone smoked cannabis in the care “a long time ago”.
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