Chambana Sun

Illinois State Senator Chapin Rose (R-51) has expressed strong opposition to a proposed bill that would prevent police from stopping or searching vehicles based solely on the smell of cannabis. He conveyed his concerns to the Chambana Sun on February 27, labeling the bill as a "reckless threat to public safety."

"It's incredible to me that Illinois would order a police officer to disregard the clear smell of cannabis coming from a car, stand down from performing field sobriety tests, and just put a potentially impaired driver back on the road to hit, maim, or kill someone. It is truly unbelievable," said Rose. "Are you going to tell a cop that clearly smells the odor of alcohol on a driver's breath that they should just walk away and let that person back on the roads behind the wheel? This is frighteningly crazy, and the people of Illinois should be rightfully scared if this bill passes."

Rose, who has a background as a DUI prosecutor and Senior Assistant State’s Attorney for Champaign County, responded to legislation introduced by State Senator Rachel Ventura. The proposed bill seeks to amend the Illinois Vehicle Code so that cannabis in a vehicle would no longer need to be stored in an odor-proof container. Furthermore, law enforcement would be barred from stopping, detaining, searching, or inspecting a vehicle or its occupants solely based on the smell of burnt or raw cannabis.

According to supporters of the bill, including ACLU Illinois, the odor of cannabis alone is not a reliable indicator of impairment and such stops disproportionately affect minority drivers.

The Illinois State Police reported 57 crashes involving cannabis during fiscal year 2023. Additionally, data from the 2024 Annual Cannabis Report indicates that between 2018 and 2022, 28.2% of drivers tested after fatal accidents were positive for cannabis.

Rose has been serving as a Republican member of the Illinois State Senate for the 51st District since 2013. Prior to his current role, he served in the Illinois House of Representatives from 2003 to 2013 and worked as a Senior Assistant State’s Attorney in Champaign County.