Illinois Drivers: The Smell Test That Could Land You in Trouble

Illinois, the land of Lincoln, deep-dish pizza, and now, sniff-based vehicle searches—at least if the cannabis in your car isn’t burnt yet.

Illinois Drivers: The Smell Test That Could Land You in Trouble

The Illinois Supreme Court just handed down a ruling that the smell of raw cannabis is enough to justify a vehicle search. However, if the cannabis is burnt, you’re apparently in the clear. Make it make sense.

Let’s break it down: Smoking pot in your car is illegal, but if the police smell it burnt, they can’t search your car. If it’s raw, though—perhaps because you just picked up from the dispensary—your car becomes an all-access pass for law enforcement. This peculiar double standard arose from two separate court cases:

• Vincent Molina, stopped on I-88 in Whiteside County, had some raw cannabis on him in an improperly sealed container. Police sniffed, searched, and charged him with possession. The Supreme Court sided with the search.
• Ryan Redmond, who had been around burnt cannabis, was protected because the court decided the smell of burning weed doesn’t necessarily mean it was smoked in the car.

What Does This Mean for You?

Here’s the deal, Illinois drivers:

1. Transport your cannabis properly. Use the required sealed, odor-proof containers. You might think you’re being safe by not lighting up, but raw cannabis still has a powerful aroma—and now, legal consequences.
2. Know your rights, but don’t test the waters. The rulings may seem contradictory, but they set clear expectations: raw cannabis equals a probable cause invite for the police.
3. Be careful on the road. Speeding plus raw cannabis equals a bad combo, as Vincent Molina learned the hard way.

So, while the Supreme Court sorts out the nuances of the smell test, Illinoisans are left with one undeniable truth: in this state, the nose knows—and apparently has legal authority.

Police1.com and the Chicago Tribune have more.

MORE: 2 Illinois Cities Top List of Worst Places to Get High in the US