Kane County Reporter

Illinois State Representative Jeff Keicher (R-Sycamore) argued that Democrats were going back on their word by passing legislation blocking police from searching care based on the smell of marijuana, according to a Facebook post published by Keicher on Monday.

"One of the biggest issues during the debate in 2019 marijuana legalization was the prohibition of use while operating a motor vehicle - bill sponsors at the time assured all of us that it will not be allowed in vehicles," Keicher wrote. "What Democrats passed in the Senate is police cannot stop or approach vehicles if there's an open and obvious smell of pot. Some weed proponents are going to say it doesn't affect their driving - I've heard plenty of alcoholics say the same."

According to Marijuana Moment, the State Senate approved Senate Bill 125 by a vote of 33 - 20, and the bill is currently awaiting voting by the State House of Representatives.

“People—especially people of color—are unnecessarily pulled over far too often,” said State Senator and SB 125 sponsor Rachel Ventura, as reported 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 said that the bill was drafted in response to a Will County court case in which a defendant was pulled over and arrested after the responding officer detected “a strong odor of burnt cannabis emanating from the vehicle.” The defendant claimed that someone else had smoked cannabis in the car "a long time ago".

As approved, 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.”

Marijuana Moment indicates that it is tracking and reporting on over 1,000 state- and federal-level cannabis, psychedelics, and drug policy bills in 2023. Patreon supporters pledging at least $25 per month will get access to the outlet's interactive maps, charts, and hearing calendar so that they don't miss any development.