Illinois: Senate-Backed Bill to End Vehicle Searches Based on Marijuana Smell Scheduled for Public Hearing in House

Senate Bill 42, which passed the Senate in a 33 to 20 vote earlier this month, is scheduled for a hearing in the House Judiciary Committee on April 29 at 4:00 p.m. in Room D-1 of the Stratton Building. The measure is designed to prevent law enforcement from stopping, searching, or detaining drivers or passengers based solely on the odor of cannabis, provided they are at least 21 years old.

The proposal also eliminates a current requirement that marijuana must be stored in an odor-proof container when transported in a vehicle. Supporters of SB 42 argue that the bill aligns law enforcement policy with the state’s legalization of recreational marijuana, which took effect in 2020. They say continuing to allow searches based solely on cannabis smell perpetuates racial disparities in traffic enforcement, disproportionately affecting Black and Latino motorists.

Similar policies restricting odor-based searches have already been adopted in states such as New York and Minnesota. If passed by the House and signed into law by Governor J.B. Pritzker, the provisions of SB 42 would take effect immediately.