As states around the country continue to legalize recreational and/or medical cannabis use, more are beginning to treat cannabis like alcohol when it comes to policing intoxicated driving.
A recent unanimous decision by the Illinois supreme court found that the smell of burnt cannabis alone does not give police license to conduct a warrantless vehicle search, making it the sixth state supreme court to make such a ruling. In contrast, Wisconsin’s supreme court ruled the opposite just last year. They found that cannabis odor in a vehicle is probable cause to justify a search (unlike in Illinois, adult recreational cannabis is still illegal in Wisconsin).
