Chambana Sun

Illinois state Rep. Brad Halbrook (R-Shelbyville) is criticizing Democratic state senators for passing a measure that would prohibit police officers from using the smell of marijuana as probable cause to search a vehicle or its passengers.

"Marijuana may be legal, but it is illegal to drive impaired," Halbrook recently told the Chambana Sun. "Police officers have a responsibility to keep impaired drivers off the road. Police officers are not searching cars because they smell marijuana. There must be other reasons for the search. This legislation is simply not necessary."

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.”

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

“I am opposed to this legislation because even though Illinois has decriminalized marijuana, not all recreational drugs are legal in Illinois,” he told the Sun. “If a driver is impaired, there may be other drugs involved which might necessitate a search.

“This legislation could be used to derail cases in which illegal drugs such as fentanyl are found in the car. Defendants could argue that because the officer smelled marijuana the search was conducted and because it was an illegal search – the fentanyl possession should be dismissed. So, yes, this legislation would make it harder for police officers to do their job.”

The bill is now set to be considered by the state’s House of Representatives.