Illinois bill aims to end cannabis odor as police probable cause, passes committee

SPRINGFIELD, Ill. (WTVO) — A bill in Illinois that would prohibit police from using the smell of raw or burnt cannabis as probable cause for a search has passed out of committee and heads to the House.

The legislation followed two Illinois Supreme Court cases resulted in conflicting orders for law enforcement, one that ruled police cannot search a vehicle because of the smell of burnt cannabis, and the other that said officers could search a car based on the odor of raw cannabis.

Opponents of the bill say putting shackles on police opens the door to more drug trafficking.

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Rep. Curtis Tarver (D-Chicago) said the bill is about making sure there’s no confusion for drivers or law enforcement.

“Consistency between the two laws is essential,” Tarver said. “So, the uses of cannabis, to know how to possess cannabis without violating laws. And so police officers know when they have the probable cause to enforce laws.”

Officer Dennis Tipsword (R-Pontiac), a police officer with the Woodford County Sheriff’s Department, said, “I as a trained police officer, can’t tell the difference in the smell of raw cannabis on an amount, whether it’s one ounce or 100 pounds. There’s no difference in the smell.”

The bill has already passed the Senate.

Now it moves from the House Judiciary Criminal Committee.