SPRINGFIELD, Ill. (WAND) — A plan to block Illinois law enforcement from searching vehicles based solely on cannabis odor is moving to the House floor. Although, the bill faces strong opposition from police, Republican lawmakers, and moderate Democrats.
An Illinois Supreme Court ruling in September did not give probable cause for police to search vehicles if they smell burnt cannabis. Yet, a ruling in December gave probable cause for law enforcement to search vehicles if they smell raw cannabis.
"Both the Vehicle Code and Regulation Act regulate the possession of cannabis in a motor vehicle on the highway," Rep. Curtis Tarver (D-Chicago) said Friday. "Consistency between the two laws is essential so the users of cannabis know how to possess cannabis without violating laws and police officers know when they have the probable cause to enforce laws."
Senate Bill 42 could remove the odorless packaging requirements while continuing to require marijuana be stored in a secure, sealed, or resealed child resistant container.
Police would not be able to stop, detain, or search any vehicle whose driver or passengers are 21 or older solely based on the odor.
"I can't search the care now based on odor alone," said Rep. Dennis Tipsword (R-Metamora). "But, there's a possibility that those young kids could find the cannabis in the car. If I can smell it, it's probably not in a child resistant container."
House GOP leaders are also concerned that this change could open the door to drug trafficking across the state. Law enforcement said they know sponsors are not trying to allow more trafficking in Illinois, but they stressed that more negotiations are needed to ensure safety.
"I do have the same concerns that were mentioned in terms of not being able to search a vehicle for those under 21," said Jim Kaitschuk, Executive Director of the Illinois Sheriffs Association. "For those under 21, there's zero tolerance. So, they're not allowed legally to have cannabis in this state."
The legislation passed out of the House Judiciary-Criminal Committee on a tight 8-6 vote Friday morning. However, Tarver promised to hold the bill on second reading and work with stakeholders.
Senate Bill 42 previously passed out of the Senate on a 33-20 vote. Lawmakers would need to approve any changes to the bill before session ends May 31.Â
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