The Michigan Supreme Court ruled on Wednesday that the mere smell of marijuana is not enough for police to search a vehicle without a warrant. In a 5-1 decision, the court dismissed gun charges against a man whose car was searched in Detroit back in 2020.
Since Michigan voters legalized the possession and use of small amounts of marijuana for adults 21 and older in 2018, it’s important to note that using marijuana inside a vehicle remains illegal. Justice Megan Cavanagh, who wrote the majority opinion, pointed out that the smell of marijuana could indicate a variety of situations: the person might have a legal amount of marijuana, they could have recently used it legally, or they might have simply been around someone who did.
Cavanagh emphasized that the smell alone does not provide enough probable cause for police to conduct a search for illegal substances. This ruling aligns with decisions made by two lower courts.
In a similar vein, the Illinois Supreme Court made a comparable ruling last September, following that state’s legalization of marijuana possession in 2019. Justice P. Scott Neville Jr. noted that there are now many circumstances under which cannabis can be legally used and possessed, and the smell from that legal use should not be seen as evidence of a crime.
In this Michigan case, Justice Brian Zahra was the only dissenting voice, suggesting that the matter should be sent back to a Detroit-area court to explore whether there was any other evidence that justified the police search.
For residents of Hamtramck, this ruling highlights the evolving landscape of marijuana laws and the importance of understanding your rights. As our community navigates these changes, it’s crucial to recognize that the presence of marijuana, when used legally, should not automatically lead to suspicion or unwarranted searches by law enforcement.
