SE Illinois News

Illinois state Rep. Paul Jacobs (R-Pomona) has commented on new legislation recently passed by Democratic senators in Springfield that would prohibit police officers from using the smell of marijuana as the sole probable cause to search a vehicle or its passengers.

"This legislation is based on one traffic stop," Jacobs recently told the SE Illinois News. "The law enforcement people I have talked to do not view the smell of marijuana as a probable cause to search a vehicle. Other factors have to be involved for a vehicle to be searched. This legislation is simply not needed."

Senate Bill 125 is sponsored by Illinois state Sen. Rachel Ventura (D-Joliet), and lawmakers voted 33–20 to pass the legislation, a recent Marijuana Moment report said. Supporters argued that the bill would protect residents' rights against unreasonable searches.

“People—especially people of color—are unnecessarily pulled over far too often,” Ventura said in a statement, quoted by Marijuana Moment. “The odor of cannabis alone shouldn’t be one of those reasons. Cannabis is legal in Illinois and it’s a pungent scent that can stick to clothes for extended periods of time.”

Senate Democrats affirmed the push for the bill stemmed from a Will County court case in which a defendant was pulled over and arrested after the officer detected “a strong odor of burnt cannabis emanating from the vehicle,” which the defendant later clamed was due to someone having smoked cannabis in the car “a long time ago.”

Marijuana Moment pointed out that the bill would not alter the state’s laws concerning impaired driving, meaning the act of operating a motor vehicle under the influence of marijuana would remain a criminal offense. The bill states that “if a motor vehicle is driven or occupied by an individual 21 years of age or over, the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of the motor vehicle, vehicle operator, or passengers in the vehicle.”

Jacobs noted that the legislation would make it more difficult for law enforcement personnel to do their jobs.

“I don’t support this legislation,” he told the News. “I don’t think it is needed. This legislation is the result of one incident and is not something that represents a major problem. I see this legislation as creating more problems than it solves.

“This legislation will put any vehicle search where the smell of marijuana is present in doubt. It is going to make it harder for police officers to get evidence admitted into court and is going to potentially let drug traffickers off the hook. Why wouldn’t someone trafficking cocaine or fentanyl ensure the smell of marijuana is always present in their vehicle so that they get a cocaine charge or fentanyl charge dismissed from an illegal search? This legislation is a bad idea.”

The bill is now set to be considered by the Illinois House of Representatives.